On The Legislative Perfection Of The Breaching Party's Contract Rescission System

The right of the breaching party to terminate the contract refers to the right of the breaching party to terminate the contract according to law if one party needs to terminate the contract due to changes in the economic situation or business conditions,etc.,but the other party requires to continue to perform the contract.The contract termination system of the breaching party is beneficial to resolve the contract deadlock,balance the interests of both parties in the contract,promote the integration of resource circulation and the unification of judicial adjudication.The termination rules of the contract of the breaching party have been stipulated in the first and second drafts of the draft of the Contract Part of the Civil Code,but they were deleted in the final drafts due to too much controversy.In article 580 of the civil code in certain circumstances a party may request the court to terminate the contract,there are vague and imperfections,the breaching party to the legislative system of the termination of the contract is still seriously lags behind the reality needs:defects at these levels,which are manifested in the substantive law norms,procedural law norms and legislative techniques in legislative activities,are important issues that need to be resolved urgently.There are many reasons for the above-mentioned legislative defects,including system,economy and concept.So we must speed up the breaching party system legislation: the termination of the contract on the entity rules,should be clear when the party in breach of the contract purpose can't achieve shall enjoy the right of termination of the contract,should enlarge the scope of the breaching party to cancel the contract,contract debt deadlock often not limited to,not money,money should apply to debt and all kinds of commercial contracts.The right to lift the breaching party shall constitute the objective conditions on contract term unable to realize the purpose of the contract,there is no malicious subjective and does not allow the breaching party to cancel the contract would be obviously unfair consequences,observant party refuses to perform the contract rights abuse of four aspects,the breaching party dealing with the other party for compensation into full play,to clarify the calculation of damages.In terms of procedural provisions,if the breaching party terminates the contract through judicial termination,the judgment standard of the time of the breaching party terminating the contract should be clarified,and the time of the termination of the contract should be determined as the date on which the judgment is made or becomes effective.Due to the particularity of contract termination,the breaching party should specify the relevant period of exercising its rights separately.Reasonable allocation of litigation costs,the breaching party to terminate the contract as an exception to the principle of losing party to bear litigation costs.In terms of legislative technology,we should reasonably arrange the provision setting,strengthen the legislative maneuverability,and standardize the legislative language.