Researching The System Of Changed Circumstances Through The Methd Of Comparative Analysis

In the judicial practice,some civil disputes refer to the system of changed circumstances. The system of changed circumstances creats a niche with some unique advantages:adjusting conflicts of interests between or among market entities,keeping the stable development of economic order,and maintaining the social justice and fairnss.As a result,many countries have established the system of changed circumstances with legislation,case law and doctrine.For example, frustration of contracts in the common law includes changed circumstances and force majeure.Principle of transaction basis in Germany tells us that the circumstances about contract may change before the parties enter into the contract. <Principles of International Commercial Contracts> and<United Nations Convention on Contracts of International Sales of Goods> have bulit the system of changed circumstances.On April 24,2009,《e Explanation of some Problems about the Application of <Contract Law of the People's Republic of China> issued by Supreme People's Court》was promulgated,and the system of changed circumstances began to play a important role on the stage of history.Supreme People's Court took measures to establish the system of changed circumstances,which enlighten us.But compared with similar systems of foreign countries, the system of changed circumstances is not able to satisfy all of us.Also,one of notices issued by Supreme People's Court conveyed some information to us that when he or she applies the system of changed circumstances to the cases,the judge(s) should have the approval of Superior People's Court or Supreme People's Court. Obviously, the notice infringes the parties interests of litigation,and blocks the application of the system of changed circumstances.I analyse the system of changed circumstances through method of comparative analysis and method of integrating theory with practice.In my opinion,firstly, the application of the system of changed circumstances is not able to satisfy all of us in the judicial practice.Secondly, the system of changed circumstances should called "system"ot rule or principle.Thirdly, there are different kinds of theoretical basises for the system of changed circumstances,but all of theoretical basises for the system of changed circumstances can reach the same goal by different means. Fourthly, comparative analysis of the constitutive requirements and the legal consequences for the system of changed circumstances can provide reference for the legislation of the system of changed circumstances in the future of our country. Fifthly, I detail the specific requirements for the system of changed circumstances in our country from substantive law and procedural law.