On The Construction Of Legal Effect Of Change System

The nature of the circumstances of the change of circumstances due to changes in objective circumstances caused by the loss of the contract through the change or the lifting of a reasonable distribution between the parties.According to the applicable procedure of change and release,the construction mode of the change of legal effect includes the reconsideration obligation model,the second effect mode and/or the change or release mode.In the mode of reconsideration,the obligation of reconsideration is one of the ways to achieve the change or release of the contract.The main purpose is to ensure that the parties to the contract agree on the contract of change.And then the obligations of the German scholars N · Horn in the last century 80’s proposed,once raised by the academic community of widespread concern in the "General Principles of International Commercial Contracts" and "European Contract Law Principles" has been its culture Expression.The second effect mode advocates that the change and the cancellation of the contract occur in succession,and the second effect will occur when the first effect can not solve the unfair result caused by the change of circumstances.This model by giving a party to change the right or the right to lift the meaning that can be,contrary to the contract "consensual"principle.At present,the judicial interpretation adopted by the Supreme People’s Court of our country has established the mode of change or the mode of change or cancellation in China.This model emphasizes that the parties have the right to ask the court to change or cancel the contract if the party is not beneficially affected by the change of circumstances.On the basis of fully understanding our judicial reality,the Supreme People ’s Court issued a notice and guidance,to a certain extent,to protect the application of the change system.In addition to the introduction and conclusion,this paper is divided into four chapters,the structure is as follows:The first chapter mainly discusses the mode of reconsideration,from the general theory of the obligation of reconsideration,analyzes the nature of the obligation of reconsideration,the legal status and the legal effect.The paper analyzes the shortcomings of reconsideration obligations.The second chapter mainly discusses the quadratic effect pattern,from the second generation to the secondary structure,and analyzes the defects of the second effect mode.The third chapter mainly discusses or changes or relieves the mode,from the judge discretion to the Supreme People’s Court introduced the procedure for the case of the case to change the case,or change or lift the model in the process of adapting to our judicial practice of adverse reactions.The fourth chapter mainly analyzes the necessity and feasibility of the implementation of the reconsideration obligation in our country on the basis of the previous three chapters,and compares with the current or the change or the mode of demotion in our country,The relationship between negotiation and the difference,and the feasibility of introducing the reconsideration obligation in the negotiation process.On the basis of this,the author puts forward some suggestions on the perfection of the situation change system in our country.