Theory Of The Force Majeure System In Civil And Commercial Trial Use

Civil and commercial trial practice in our country,the force majeure ground as the relief of general defense system was confirmed.But Chinese scholars to research in civil and commercial trial practice is not a lot of force majeure,and in the judicial practice how to use the force majeure also lack of corresponding standards.This article aims to starting from the perspective of civil and commercial trial,analyze the use of force majeure circumstances existing in our country,on the basis of certain advantages can find its shortcomings,and put forward some constructive Suggestions,in order to achieve perfect our system of force majeure and to inspire the judicial practice.This passage will be divided into four parts:The first part,start with the importance of the force majeure system in today's society,and in two cases leads to this question-what factors,and to what extent affecting the civil and commercial trial practice of force majeure identified?The second part,discusses the definition,constitutive requirements of force majeure system,as well as the practice of civil and commercial trial scope of force majeure and the analysis of complicated types in practice.The third part,through to the civil and commercial trial practice force majeure system loopholes in theory and practice of the existence of defects were analyzed,and pointed out the main problems existing in the civil and commercial trial practice.The fourth part,combining the theory and practice,and puts forward realistic and strong operability,improve the system of civil and commercial trial use of force majeure of the main measures.