Research On The System Of The Breaching Party Requesting To Terminate The Contract From The Perspective Of Case

With the development of economy and the rapid change of social life,the phenomenon that the defaulting party requests to terminate the contract gradually appears.The "Xinyu Case" published by the Supreme People’s Court was the first case in which the defaulting party requested to terminate the contract.Since then,there have been similar cases in which the defaulting party requested to terminate the contract.When the contract concluded by both parties is in a deadlock,that is,one party requests to perform and the other party claims to terminate the contract.At this time,if the other party continues to perform the contract,it will cost the other party a lot,which does not meet the requirements of fairness,justice,honesty and credibility,the people’s court will decide to terminate the contract.In the context of studying the contract deadlock,the defaulting party claims which way to terminate the contract.Taking the promulgation of the Civil Code of the People’s Republic of China as the dividing line,this paper compares the changes in the system of the defaulting party’s request for termination of the contract before and after the implementation of the Civil Code of the People’s Republic of China.At the same time,in order to learn from excellent experience and systems,this paper will discuss the views and views on the termination of the contract abroad to enrich this paper.The introduction part introduces the writing ideas of the article,and the body part is composed of four parts,among which the first part is "the judicial practice and dispute focus of the breaching party requesting the termination of the contract".Case 1 is the case of the Supreme People’s Court;the case of the termination of the contract after the promulgation of the Civil Code of the People’s Republic of China.The three cases reflect the legal basis for the people’s court to judge the breaching party to terminate the contract in different periods,thus summarizing the focus of the dispute.The second part is "the theoretical analysis of the termination of the contract",which introduces the breaching party can request the termination from the people’s court or arbitration institution based on the specific circumstances,as well as the relevant practice of the termination of the contract outside the region.Continental law countries have strict conditions for the termination of contracts,and American law countries have broad standards for the termination of contracts,and pay more attention to the efficiency of both parties.The third part for "about the breaching party request to terminate the contract on the legal basis of applicable present situation",this part will tell our country in the "contract law"(abolished)era,the people’s court in such cases usually quoted "contract law" article ninety-four,article one hundred and seven,article one hundred and tenth,supplemented by the good faith principle,fairness and justice,etc.In the era of the Civil Code,for the request of the termination of the contract,China has made a new development on the basis of inheriting the previous experience.After comparing the requirements of China and outside the region,China should selectively absorb the excellent experience of other countries according to the local situation.In the last part of this paper,"Suggestions for the improvement of the contract system" will improve the current system from the perspective of individuals in combination with the problems in real life.Whether the breaching party can request the termination of the contract is faced with disputes,but similar cases have repeatedly appeared in judicial practice,requiring the legal system to respond to the changes of The Times.The study of this topic is conducive to further clarifying and improving the system of the breaching party’s request for the termination of the contract.