Research On Dissidence System Of Contract Rescission

The current system of contract rescission objection in our country is concentrated in the Contract Law and related judicial interpretations.The system has aroused great controversy in the theoretical and judicial circles since its enactment.Moreover,in the codification of civil law,the system of contract rescission objection is still retained.Therefore,the system is systematically demonstrated,especially in resolving theoretical disputes in the theoretical circles,as well as in the judicial circles.It is particularly important that the application of justice is not uniform.In this paper,through the methods of Semantic Analysis and Empirical Analysis,a systematic theoretical and practical analysis of the system of rescission of contract objection is made in five parts.The first part points out the research background and purpose of the dissent system of rescission of contract in this paper,analyses the research status and development trend at home and abroad,and summarizes the research methods and contents of this paper.The second part,starting with the theory of contract rescission,introduces in detail the meaning and the way of exercising the right of contract rescission,and then analyses the causes of the system of contract rescission objection and its basic meaning.Then,it defines the nature of the lawsuit of confirming the right of contract rescission objection and the nature of the right of action of contract rescission objection,and analyses the significance and value of the system of contract rescission objection.The third part focuses on explaining the content of the system of rescission of contract objection.Starting from the exercising way and the exercising time limit of the right of objection,it not only analyses and demonstrates the current situation of the way of doing things and academic disputes,but also makes rational analysis of the legal provisions of the exercising time limit.Finally,it demonstrates in detail the legal consequences of exercising the right of rescission of contractThe fourth part focuses on the legislative overview and existing problems of the current contract rescission objection system in China.Firstly,the legislative overview of the current system in our country is analyzed in detail.Then,according to the legislative overview,there are some problems in the legislation of the system of rescission of contract objection,such as the single way of acting,the unclear effect of exercising,the imperfect stipulation of exercising time limit and the unclear nature of rights,which lay the foundation for proposing the improvement of the right of rescission of contract in our country.The fifth part,on the basis of the above four parts,puts forward some suggestions to improve the system of the right of dissent in rescission of contract in our country.Emphasis is laid on four aspects:expanding the way of exercising the right of objection,perfecting the stipulation of the time limit of objection,clarifying the nature of the right of objection and awakening the right of the dissolving party to initiate affirmative action.