Empirical Research On Judicial Cancellation Of Contract

The rescission of contract is a system widely used in judicial practice,which occupies an extremely important position in the contract law.According to the conditions and procedures of contract rescission,the Article 93,Article 94 and Article 96 of the contract law of our country stipulate respectively,which constitute the legal system of notification of contract rescission.With the continuous development of society,more and more courts are rescission of contracts,that is,judicial rescission of contracts.Not only does the Supreme People's Court explain in detail the circumstances under which a court can decide to terminate a contract in a large number of judicial interpretations,it was also determined that the rescission of a change of circumstances,which could only be carried out by way of litigation,and the application for rescission by the breaching Party in the minutes of the ninth session of the People's Congress were both a reaffirmation of the pattern of judicial rescission of contracts,therefore,the judicial rescission of the theoretical study of the importance of the settlement of China's contract disputes needless to say.But in our country's judicial practice,the judicial relief also has many non-standard practices and the judgment disorder situation.For example,some parties confused the action to apply to the court for confirmation of the effect of the rescission of the contract with the action to rescission of the contract,while some judges dismissed the application because they considered the notification procedure as a pre-procedure for rescission of the contract,some courts on the contract rescission time,rescission conditions appear in the same case different sentencing phenomenon,and so on.Because the contract rescission mode that our country adopts now is the rescission mode of the combination of the notice and the judgment,if we don't distinguish the two accurately,it will provide the breeding ground for the judicial disorder.So in this paper,we try to clarify the concept of judicial rescission and classify it.Through the statistical analysis of the cases of rescission of contracts on the judgment documents website,we find and analyze the current situation of judicial rescission practice and the value of judgment,so as to find the problems,finally,the author puts forward some suggestions on the way of judging and the improvement of law.