On Change Of Circumstances The Application Of The Principle

Circumstances change theory in civil law and common law has a long history of development and different countries have gradually been incorporated into legal documents have become a law of contract theory, an important system. Nineties of last century in China issued the final draft of the contract the legal situation did not change the principles into one, the Supreme Court in 2009 on the application of "The People's Republic of China Contract Law," Interpretation of Several Issues (2) the introduction, shows that China has formally established judicial practice, the situation changes to the system to adapt to rapidly changing economic factors, the needs of modern society. However, we can not ignore a problem is that because our legal right to change the situation in question is too broad principles, in judicial practice, the distinction in how to better the situation changes and the differences between similar systems, as well as how best to prevent the judges discretion right over the rights of the parties to intervene, is worthy of jurisprudence as deep thought.This paper through the literature analysis and comparison analysis method, through the integration of information to absorb and learn from advanced foreign legislative experience, combined with self-innovation, and through the comparison of the theory change the situation at home and abroad, building suited to China's national conditions and thorough theoretical system of science.First of all, the article describes the first chapter to change the situation in the principles of the theory of the development of domestic and foreign development of an analysis of the status quo; second chapter on the principles of academic theories on the basis of changed circumstances, the theory focuses on analysis of sources of changed circumstances; third chapter focuses analysis the situation changes and force majeure, unconscionability, the limits of the principle of good faith with a view to judicial practice to make a clear distinction between its and thus to clarify the need to establish the principle of changed circumstances; fourth chapter focuses on the concept of the principle of changed circumstances and composition of elements; changes to Chapter V of the national situation, to evaluate the effectiveness of models, combined with China's actual situation, try to explore the effectiveness of a suitable model of China's national conditions; Chapter VI specifically in practice, should pay attention to the problem.I Hope that through the completion of this question will enable the nation to change the system more perfect situation to enhance the operability of judicial practice, to avoid the abuse of discretion of judges and better serve the real needs of society.