The System Improvement Of Right Of Defense In Poverty

Right of defense in poverty is one of an important system in donation contract,which is a special treatment for donor.In our country,the provision of this right reflected in the Article 195 of Contract Law,which says if the donor's economic situation has deteriorated significantly,thereby seriously impacting on his business operation or family life,he may be released from the gift obligations.In today's world,with the development of donation activity especially public donation,this system is playing an important value in maintaining the social equity and building a harmonious society.However,in the process of judicial practice,because the provisions of the law itself is not clear,coupled with the complex social reality,we have many problems of this system in both theory and practice field.In theory,Scholars have different views on the nature of this right.In practice,there is no uniform judge standard about questions like whether the donee shall return the transferred property,and whether the donor should continue to fulfill the gift obligation when his economic situation improves.These are all important problems facing the legislative and judicial organs to be solved.The article will provide suggestions for the legislative and judicial improvement of right of defense in poverty based on the study of the nature of Article 195 of Contract Law.The article has four parts.The first chapter is an introduction,which introduce the research significance and value of right of defense in poverty,and give the review of research status.The second chapter presents the theory foundation this right.The third chapter studies the nature of Article 195 of Contract Law from the perspective of theory of law interpretation,which suggests this right is a complex right consisting of active right and passive right.The forth chapter studies the scope of application of Article 195 of Contract Law,and makes the constitute explanations of regulations include economic situation has deteriorated significantly,seriously impacting on business operation or family life,and be released from the gift obligations.The fifth chapter puts forward suggestions for the perfection of the right of defense in poverty system in our country from two aspects.In legislative aspect,the writer suggests to clear the nature of Article 195 of Contract Law,to refine the specific situation of seriously impacting on family life,and to make the rule of right of claim for returning the gift.In judicial aspects,the writer suggests to avoid confusion in application between the Article 186 and Article 195 of Contract Law,and provide reasonable suggestions on problems such as the influence of the donor's subjective factors on the application of this rule and whether the donor should continue to fulfill his gift obligation after economic conditions improve.