Circumstances Change In Our Judicial System In Use

The system of change of circumstances，as an important part of themodern system of civil law system，be concerned specially either in thetheory or in practice. The establishment of the system in the legislationof the China’s Contract Law became a contentiously debated point. Althoughit hasn’t been recognized by our legislation, the status of the systemof change of circumstances was established when the Supreme People’sCourt recognized it by way of Judicial Interpretation (II) of ContractLaw until2009. However, there are quite lot problems in the judicialpractice. This thesis consists of six parts. Part one, the introductionof the research background and the domestic research status and theresearch significance. The second part describes the theoretical basisof changed circumstances established system of justice and itsapplication, and Further to establish its status and value in contractlaw after the understanding of the concept of the system and the applicableconditions of changed circumstances, as well as analysis of thetheoretical basis of the application of the system. From the view of thetheory and case, the third part is mainly explore the differences andconnections among The system of change of circumstances, force majeure,commercial risk and obvious unfairness, in order to the confusion in theapplication of these doctrines. Based on part three, part four analyzesthe strict attitude during the application of changed circumstances, andNeed to limit the discretion of the judge. The fifth part is a conclusionof this thesis. The relation and analyses of change of circumstances coulddo some significance and help of the judicial practice, especially inlegal practice.