The Legal Nature Of The Right To Object To The Cancellation Of The Contract And The Improvement Of The Applicable Rules

The nature of the objection system of rescission of contract in our country has been controversial in the theoretical circle,and there are many drawbacks in its practical application.As the key of checking and balancing the right of rescission of the non-rescission party and balancing the interests of the non-rescission party,the system of rescission objection of the contract is not only contradictory in logic,but also full of errors in value.As a key link in stabilizing contract relationship and improving market transaction efficiency,the dissenting right system has important theoretical and practical significance in demonstrating and analyzing its legal nature,coordination and rationality with contract rescission system,and in exploring its inherent meaning and value pursuit.There is a big gap between the legislative purpose and operational reality of the contract rescission objection system.By means of normative analysis and case analysis,this paper sorts out and explains the cases directly applying Article 24 of Judicial Interpretation II of Contract Law in practice,reflects and grasps the disputes arising from the operation of the right of dissent system in practice from a dynamic point of view,finds out the practical problems existing in the right of dissent system,and explores its deep-seated reasons and perfection.The applicable rules.In theory,aiming at the theoretical problems such as the unclear nature of the right of dissent in rescission of contract and the inconsistency of academic research,this paper takes Article 24 of Judicial Interpretation of Contract Law as a time clue,combs and summarizes different scholars' viewpoints,and reveals the fallacies in the logical framework of the right of dissent as a substantive right in China from a static point of view.This article demonstrates the legitimacy of substantive review of overdue objection from legislative purposes,legal application effect and system selection.Combining with the disputes about the application of objection system in current judicial practice,it achieves the "other system effect" by restricting the scope of application of Article 24 of Judicial Interpretation of Contract Law and recognizing the objection right of non-dissolving parties.To achieve the legislative purpose of fairness and efficiency.