Research On The Judicial Application Of The Principle Of Situation Change

The principle of changing circumstances has a long history and is a very important principle in civil law,especially contract law.It has long been accepted and used by western countries.Although the theoretical circles in China have paid considerable attention to it,it has not been explicitly stated in the statute.With the outbreak of the world financial crisis,the need for this principle in practice is growing.The judicial interpretation of contract law issued by the Supreme People’s Court in 2009 [see the Supreme People’s Court for details.About the application of the <People’s Republic of China Contract Law> The explanation of several issues(2).] Only specifies the principle of situational change.It can be seen that in China’s laws,the establishment of a situation change is through judicial interpretation,which is obviously incomplete.In addition,the situation change itself is not clearly distinguished from force majeure and commercial risks.All these factors have led to the principle of situational change.There are certain problems in the application of judicial practice in China.This article is divided into four chapters.The first chapter is the theoretical basis of the principle of situational change,including the meaning and application conditions of situational change,and the differences from other related concepts.The second chapter is the status and difficulties of judicial application of the principle of situational change.Analyze the statistical data of the case,and draw the problems of indistinct application standards,uncertain application situations,and incomplete application procedures in the application of situational changes in China’s judicial practice.The third chapter is the study and reference of extraterritorial and related areas.By examining the judicial application of the principle of situational change in extraterritorial and related areas,we can learn from and improve the judicial application of the principle of situational change in China.The fourth chapter is a legal reflection on the judicial application of the principle of situational change in China,in order to provide a reasonable and effective intellectual support for the judicial practice of situational change in China.