On The Application Of The Principle Of Change Of Situation

In today's fast-developing society,economic conditions and social conditions will undergo tremendous changes at any time.This challenges the principle that "contracts must be strictly observed." The principle of change of circumstances is born under this circumstance.The rules concerning the principle of change of circumstances in our country are relatively simple and unclear,and they have caused various problems in the judicial practice.Therefore,it becomes necessary to study the application of the principle of change of circumstances.This article attempts to analyze the similarities and differences between other systems such as force majeure and other cases by combining cases,analyze the status quo of judicial application of this principle in China by combining the cases and comparing the extra-territorial laws governing the application of the principle,and addresses the problems in application.The Department formulates specific legal provisions,stipulates the conditions for application,and then negotiates obligations,and gives courts and arbitration organizations discretion as well as suggestions for their supervision and limitations.It maximizes the goal of safeguarding fairness and justice and balancing interests.This article analyzes the application of the principle of change of circumstances through the following five parts:The first part is introduction.It mainly introduces the research background and significance of the paper,literature review,main research methods and research ideas.The second part summarizes the principle of change of circumstances.First introduced the concept of change of situation,followed by the introduction of its relationship with the relevant legal concepts,analysis of the need for China's provision of this principle,and finally led to the application of this principle in our country.The third part of the problems in the application of changes in China's situation.It mainly introduces the status quo of the application of change in the situation in China's mainland.At the same time,it analyzes the deficiencies and existing problems in China's current legal and judicial interpretation combined with case analysis,and leads to the analysis and comparison of the following legal regulations concerning changes in the field.The fourth part is about the application of changes in extraterritorial matters.Introduce the practice situation of civil law system and Anglo-American law system on the change of situation,and compare and analyze with the application situation in China.The fifth part proposes perfect suggestions for the application of changes in China's situation.Introduce the choice of lawmaking methods and the design of the content of laws and regulations,and write down specific legal provisions.