| Under the background of increasingly frequent land transfer in our country,the disputes of subcontract contract in the process of rural land transfer by subcontracting are seen one after another.Because our country theoretical circle about material adverse change in the contracted management of land transfer contract dispute for problems in this aspect research is almost blank,add this as a way to in the process of land circulation to subcontract the contracted land subcontracting contract can be generally concluded long maturity,contract low cost,wide range of audience and significantly different from other characteristics of the contract,as well as the situation changes in the process of judicial application own ambiguity,uncertainty and flexibility is bigger,often leads to the people’s court sentenced to different condition in connection with the case at the trial,serious damage to the authority of the law and unity.At present,it is urgent to solve the problems in judicial practice,such as the standard of application situation change in such cases,whether the objective situation change caused by the adjustment of national basic agricultural policy belongs to situation change,and the procedure of application situation change in land subcontract disputes.Facing the new situation new problems in the judicial practice,an urgent need to study and refine the material adverse change in land subcontracting contract dispute cases in the applicable standards,and changes in the objective situation of favorable policies to adjust to the country for accurate qualitative,and procedural requirements of clear these disputes applicable situation changes,in order to in the judicial practice in our country land subcontracting contract dispute cases provide a relatively consistent and conform to the objective and logical solution.Based on the above problems,this article the author to the cases involving three land subcontracting contract dispute as the breakthrough point,through the analysis of basic facts,and the court processing result and reason,the referee,and concluded in such cases the differences on the people’s court of the place of the,then find out the land dispute focus of subcontracting contract disputes.Then the controversy of the focal point of the case from the point of view of legal theory analysis,comprehensive combed the about applicable material adverse change in China’s relevant legal basis,in-depth analysis of the land in the subcontracting contract dispute cases changed circumstances of the applicable standards,the qualitative problem of the state favorable policies as well as the situation changes the applicable program,based on the case study conclusion and revelation.This paper is mainly divided into three parts:Introduction of the first part is the case,through three typical case show in the process of right to the contracted management of land circulation land subcontract contract dispute between the parties and the people’s court for the similar disputes the processing of different opinions and the verdict,calculated the different approach when dealing with such disputes,the people’s court and induces the changed circumstances are summarized based on the practical cases of the applicable standards,the qualitative problem of the state favorable policies as well as the situation changes the applicable program three controversial focus.The second part is the analysis of case law,this article in view of the problems existing in the case of the above dispute focus the research deeply and in detail,analyses the connotation of changed circumstances,compared the two big law countries apply material adverse change standard requirement,has been clear about the situation change and the difference between the force majeure,commercial risk,and discusses the applicable situation changes should follow the procedural requirements,in this paper on the basis of combining the selection focus problems in land subcontracting contract dispute case to case and applying situation of the case material adverse change has carried on the analysis and interpretation.Conclusions and Revelations of the third part is the case,according to the above case dispute focal point of analysis and research,has been clear about the response tosuch subcontract land disputes in judicial practice to major changes in strict accordance with the subcontract land base,unpredictable changes in the subcontract basis parties,changes in the contract the contracting parties without fault since it was established,the change in the subcontract to perform before completion,continue to perform the subcontract land unfair this five requirements applicable to the situation changes,will this contract dispute in the countries and policies explicitly as a material adverse change and abnormal business risks,And the application of the situation change in dealing with such dispute cases should strictly follow the procedural requirements of report and audit.In addition,in order to correctly apply the situation change,we should unify the applicable standard of the situation change,reasonably distinguish the situation change and business risk,and construct the renegotiated dispute resolution model for the prudent application of the situation change. |
