Concerning The Principle Of The Changed Circumstances

In the 1860’s, the principle of the changed circumstances was established by most of the countries in both the continental law which is represented by France and German and the common law which is represented by Britain and the U.S.A. In China, although theoretical debate and discussion on it has not stopped, it was not until April 24th,2009,the Supreme People’s Court issued "contract law explain II" to specify the application of contract law for district courts and offer a unified standard referee, the principle of the changed circumstances was officially established in legislative level. Based on the study of predecessors, the writer made her own thinking after exploring the essence of related works. Beginning with the concept of the principle of the changed circumstances, its basis on jurisprudence, its history in other countries and the establishing process in our country’s legislation, then by analyzing the applicable conditions of the principle of the changed circumstances, the author distinguished it from some related concepts such as force majeure, business risks and the great loss of justice, finally, from the perspective of empirical analysis, the author investigates the typical applying fields of the principle. This paper combed the existing research results in a detailed method and joined the author’s thinking. At the end of the article, the author puts forward three suggestions on perfecting the principle of the changed circumstances.