Our Circumstances Change System Perfection

The principle of the changed situation refers to:no thanks to the parties to the contract, objective basis for formation or facts of the contract when the contract is formed occurred unforeseen changes, resulting in the fact that if contract will be continued the legal rights of one of parties have been violated, the other party to the contract is allowed to change or terminate the contract.Contract Law has stipulated the principle of changed situations in the drafting process, but in terms of theoretical knowledge or specific operation there are many differences at that time, it is difficult to reach a consensus. Finally the principle is not to be stipulated in formal adoption of the Contract Law, becoming a great pity in our civil legislation. In recent years, the emergence of a number of major emergencies, such as SARS, Financial Crisis in2008and the5.12Wenchuan Earthquake, make the academic and legislature pay close attention to the system of changed situation again. In order to adapt to the social and economic development, China promulgated the Contract Law judicial interpretation to solve the legislative gap. However, the provisions of the principle have yet to be improved in institutional arrangements, these issues, such as how to determine whether the situation constituted, what is significant changes, as well as how to apply specifically, are worthy of our in-depth study.This paper make a detailed rationale shuttle on the specific problems of principle of changed situations made. Meanwhile the relevant legislation on the mainland, the Anglo-American two legal systems is conducted in-depth research. In combining our legislation based on the current situation and problems, and learning from foreign advanced mature theoretical results and practical experience, the auther intent to put forward a sound principle of changed situations of the specific ideas and suggestions.Part Ⅰ:The first part:the object of study were consolidated and clearing concept of the principle of changed situations, the main theories and doctrines; Part Ⅱ:By examining the continent, the Anglo-American two legal systems legislative law, the causes and characteristics of foreign legislation are analyzed, aiming at providing some aspects to help For the next step in our country for the legislative to changed situation,; Part Ⅳ:In view of the legislative situation, the author put forward specific some concrete measures to improve. Hope we can increase the application of the principle of the changed situation in judicial practice, the better for the construction of the socialist market economy with Chinese characteristics to provide legal protection.