| It is an important legal system of contract established again in " contract law " to revocation contract , it meet socialist market certainty of economic development, mark of our country market economic system ripe with development further, one major issue of of our country socialist legal construction, for ensure it marketing activity smooth and safe, safeguard contracting parties' legitimate rights and interests, thus right to encourage the trade, promoting the development of socialist economy will inevitablely play a very important role . This text divide six part to can cancel system of the contract expound the fact , analyse , compare and appraise, expect to can cancel contract system have dark understanding and grasp. First, preamble part, have expounded the fact emphatically that can cancel historical background , social economic background that the system of the contract establish , and can cancel realistic meaning and far-reaching historic significance that the system of the contract establish . Can cancel contract system to follow our country social economic development model constant to change and produce, it is the economic base that determines the superstructural result. Our country traditional planned economy value of mode lead and lie in the order and justice, freedom and benefit ignore often, even sometimes for pursue order and fair value goal is it die freedom and benefit to come. Compare with with it, what market economic system pursue to reach social optimization most of resource distribution with minimum social cost, thus realize the maximization of the social economic benefits. Though has stipulated the civil behavior that can be altered and can be cancelled in " general rule of the civil law " of our country, but its relevant regulation is very simple, instead of compare with, " contract law " change three contract law is it can alter and can cancel situation of contract to stipulate at all in the past not merely, and is it can alter and can cancel range of contract to expand also, meanwhile, restriction on the thing that the range of the invalid contract has been carried on strictly , have reflected the respect to party's meaning more outstandingly , this to establish as reflect party party autonomy principle and maintain square deal order can cancel contract value of system. Two , the first part, define the meaning of cancelling the contract; To cancelling the contract and invalid contract and carrying on comparative analysis; Explain that can cancel the function of the contract . The further circle should be able to cancel the meaning of the contract in theory, and through to cancelling the contract to compare with the analysis of the invalid contract, draw the difference between seven respects existing between these two kinds of contracts. We difficult to is it can cancel system of the contract advocate to find from it, just because this system has already reflected the maintenance of the square deal of the law too, reflect party party autonomy principle at the same time, and this to can cancel contract two important function of of system. Three , the second part, have expounded the fact by analysing, comparing that five kinds can cancel the contract and form . The type that can cancel the contract is a concrete reason why the contract stipulated of the law can be cancelled . Every world national code or the concrete conditions that the direct or indirect fixed contract can be cancelled of contract law. But because of various countries history difference of traditional , legislative technology , legal idea ,etc., the regulation of the laws of various countries is not the same. I am in this part, through can cancel to countries all over the world concrete analysis of reason that contract form explain five of our country can cancel contract commit extremely. Four, the third part ,To cancel enforcement subject of right , exercise method , period for exercising termination , cancel elimination of right and cancel right and remove difference of right analyse and explain.
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