A Study On Doctrine Of Changed Circumstances

Social market economy has been rapidly developing in recent years whichaccompanied by ever-changing world economic conditions.The Asia financial crisisand the world financial crisis not only have great effect on country’s economicactivities,but also seriously affect the performances of contracts which caused bychanged circumstances in economic life.In order to make social market economyhealthily develop and maintain reasonable market order,doctrine of changedcircumstances is stipulated in Interpretations to the Supreme People’s Court of CertainIssues concerning the Application of the Contract Law of the People’s Republic ofChina(II).This thesis consists of six chapters.Chapter one:development of doctrine ofchanged circumstances.In this chapter,a course of development of doctrine of changedcircumstances is elaborated. Chapter two:definitions of doctrine of changedcircumstances.Through a simple introduction of the said doctrine,value orientationimplied in this doctrine is interpreted.Chapter three:a comparative study of legislationand judicial practice of doctrine of changed circumstances.Chapter four：judicialpractice of doctrine of changed circumstances in China.This chapter tried to showhow the said doctrine has been applied in judicial practice.Chapter five:application ofthe doctrine of changed circumstances.Two different cases are studied at thebeginning of this chapter.In the said study,the doctrine is shown how it should beapplied in daily life.Chapter six:legal suggestions for our mechanism.at the beginningof this chapter,foreign legal experiences is simply introduced which followed by somesuggestions for improving our legal system of the doctrine of changed circumstancesboth in entity and procedure. This thesis aims to give a more comprehensiveunderstanding of the doctrine of changed circumstances which may give help to settlelegal issues of judicial practice.