On The Legal System Of The Right To Discharge Of The Contract

Contract discharge of system is an extremely important and extremely characteristic basic system of Contract Law in China,and there is more controversy in the judicial practice.In the civil private right system,the right to terminate the contract is the contract party According to the contract,according to the law to enjoy the right to terminate the contract,its existence for the perfect relationship between the contract and market transactions is very important.Legally effective contract,the parties to the contract are legally binding,the parties to the contract should be subject to both parties can not be arbitrarily changed or removed.But in the course of implementation,there may be some special circumstances leading to the contract can not continue to fulfill or can not achieve the purpose of the conclusion of the contract,the law should allow the parties from this stalemate as soon as possible out of the bondage can be more abundant Time to make a new transaction.In order to avoid the misuse of the right to terminate the contract and disorder,it is necessary to establish a reasonable and effective system of contract cancellation.So that the parties to the contract from the beginning of the contract law can follow the normal exit channel to avoid risks,but in fact more conducive to encouraging transactions.The rescission of contract law in our country from the perspective of trying to leak and defect analysis of the rescission right of current contract law,From the aspects of the nature of the right to terminate a contract analysis,compare the claim with the nature of the right of formation characteristics,found more in line with the characteristics of the right of formation,termination right should belong to form a right rather than the right of claim.Since the nature of the right to terminate a contract is belong to the right of formation,then who is exercising termination right,the main body of exercising termination right,right of termination of the contract should not let the observant party monopoly,not because the breaching party a breach is one ticket veto remove the default party should enjoy rights,exercise the right to remove the body of the judge for should be in accordance with the actual conditions of the contract,under the special conditions should be granted the breaching party shall enjoy the right of termination.Under the current legal framework,rescission occurred in addition to the agreement,the conditions of the contract,the legal relief,there are a few in the specific provisions of contract law arising from the famous contract rescission,any arbitrary termination right just as its name implies is the parties may freely exercising termination right,the exercise of the complete no security at any time,especially for the commercial agency contract,therefore,civil volunteer agency contract with commercial agency contract,respectively applicable civil free agency contract arbitrarily terminate the rescission of the lift can continue to apply,and remove of the commercial agency contract should be used to cancel the litigation is more appropriate.In terms of exercise the right of the termination of the contract,should clear to exercise unified termination right period during the scheduled for a year,and establish the notification and the way of lifting.In exercising the effect after the termination of the contract,mainly including the retrospective termination of the contract,the termination of the contract and the relationship between damage compensation and damage compensation scope,the article agrees to continue to perform the contract has a retrospective affect,rather than continue to perform the contract of the retrospective,said after release from a breach of contract will generate compensation problem,can be divided into actual losses and the damages can get benefit compensation of two parts,the observant party to choose what kind of compensation.The above problem,theory and practice,there are different theories,practices and legal interpretation of the space.In this paper,found the problem as a starting point,based on the analysis and solve problems,to perfect the system of termination of the contract in our country related system architecture.