"Change Of Circumstances" Under The "New Real Estate Policies" And The Prospects Of "Change Of Circumstances" For China’s Civil Law System

Change of Circumstances system is an important system in the "Contract Law"，but,in the legislation of "contract law" in our country,because of the concerns aboutthe system to use,we did not write the system into law, At present, only be prudentapplication of the basic principles of the Civil Code promulgated by the SupremeCourt judicial interpretation and guidance, However, rapid economic development inthe market today, especially civil disputes arising under emergency situations such as"SARS" and "Earthquake","demand" for the situation to change the system more andmore urgent, In the past two years, the state macro-control policies on the real estatemarket, resulting in a number of contracts is unable to perform, causing the market,the main disputes, In this context, how to play the role of the good situation to changethe system, judicial or how to rely on the limited legal requirements and vagueprinciples to solve practical problems become important, And, after China’s accessionto the WTO, the international standards of the rule of law is also very urgent, Not onlyrelated to China’s market economy, to provide a good investment environment forforeign investment, but also related to our vital interests can be protected under theinternational economic system, Therefore, for the situation to change the system assoon as the relevant laws to be improved, Situation change the system in our countryto enjoy its rightful place in the mainstream legal system so as to continuouslyimprove our civil laws and regulations.The first chapter is mainly an overview of the contents of the “ten new real estatepolicies" promulgated by the state in2010, and contract dispute caused by the policyjudgments of the Court from the case, leads to the situation to change the system to bediscussed in this article.The second chapter include the concept of change from the situation, the origin,background, as well as to analyze the situation to change how the system compositionand application of the development status in China, as well as the change from thesituation Elements up analysis of the aforementioned cases shall apply to the systemof change of circumstancesand where applicable, should focus on the problem.The third chapter outlines the change of circumstances should be noted that inthe course of the problem, including the situation to change system and the concept ofdifference, and how to limit the judge’s discretion, also discussed the validity of the contract caused by the change of circumstances system.Chapters IV and V, as the concluding paragraph on the significance for thesituation to change the system in the development of China’s market economy, as wellas some of the continuous improvement of the system in the legislative and judicialLooking...