Research On Counterargument Right For Simultaneous Performance

The simultaneous implementation of the defense system has a very important position in the civil law system of our country,which plays a significant role in maintaining transaction security and promoting social freedom as well as rational allocation.For the application of the expansion of the simultaneous implementation of defense system,there are already applicable precedents in other countries.In order to adapt to the rapid development of our social economy and save the cost of legislation,our country should also expand and apply the system on the basis of the current simultaneous implementation of the defense system.The first section of the first chapter in this paper mainly expounds the constitutive requirements of simultaneous implementation of the defense system.There are three main points respectively: mutual debts of both parties on the basis of the same legal relationship,and the debts of both parties have all been liquidated,one party fails to comply with the agreement.These three constitutive elements can be said to be the three basic characteristics of the simultaneous implementation of the defense system,only with these three points,can the right of the simultaneous implementation of the defense system play its effectiveness.If these three elements are not available,or only one or two elements are required,the right of it cannot be launched,and it will not play its role naturally.The second part of this chapter discusses the effectiveness of the substantive law and the procedural law to make the simultaneous implementation of the defense system;and in the second chapter of the paper,it is mainly based on these three points of the requirements of China's contract type subdivision,efficient use of judicial resources,saving social costs,its conducive to regulate interest balance,maintaining fairness and justice to discuss the necessity of the application of the expansion of the simultaneous implementation of the defense system.The second part is also an important part of this paper.From the point of view of comparative law,this paper discusses the feasibility of the expansion of the right of the simultaneous implementation of the defense system in China.Law systems in the continental countries have many lessons to learn from,the research on this field in Taiwan area is relatively deep,which can provide a strong reference for our legislation.The third chapter is the core part of this paper,which makes a theoretical analysis of the application of the simultaneous implementation of the defense system.In which it expounds the rationality of the application of the right of the simultaneous implementation of the defense system from three aspects.And the legal basis also provides a strong support for the study of the expansion of it in China.The fourth chapter lists the cases of the simultaneous implementation of the defense system.The fourth part involves the situation which is the most common dissension in complex trading activities.Both the buyer and the seller have their argument,even when the business relationship does not exist,there is still a payment relationship.These situations are very easy to happen in today's society,therefore,the fourth chapter makes an analysis and exposition of these situations,and puts forward some reasonable suggestions for its effectiveness.In view of the above problems,this paper studies the expanding use of the right of the simultaneous implementation of the defense in the world and researches the more in-depth cases and legislation of the other states from the perspective of the distinction between similar laws.It will also make a clear analysis of the “truth” for the right of the simultaneous implementation of the defense and focuses on its application on the special situation of the complex transaction mode in today's society.And there is also my opinion on the problem of the expansion of the right of the simultaneous implementation of the defense under the current economic situation.