The Legislation Of China's More Emotional Incident System

With the recent years' studies of theory and practice in lawmaking in many countries, clausula rebus sic stantibus has become important legal institutions in modern law of obligation, and the official lawmaking will be an inevitable trend. In the course of the establishment of law Of contract in our country, an attempt has been made concerning clausula rebus sic stantibus. But it wasn' t upheld in the formal lawmaking, leaving the law of contract not a small legal loophole. Based on comprehensive researches of lawmaking theory and lawmaking practice of domestic and foreign countries, combined with domestic lawmaking reality, the author of the paper systematically study the lawmaking subject of clausula rebus sic stantibus by the methods of contrastive researches and historical researches. Some conclusions are as follows: 1) Concerning clausula rebus sic stantibus, the emphasis of study should be placed on the subject of formal lawmaking but not on that of the rationality; 2) Through the investigations of clausula rebus sic stantibus in domestic law practice, it is very necessary that clausula rebus sic stantibus should be legalized; 3) Through the analysis of barriers of establishment of clausula rebus sic stantibus in conception and concrete operation; some effective measures are put forward to get rid of those barriers; 4) Through the contrastive analysis of two different lawmaking models of foreign countries, it is preferable that the general civil lawmaking model should be adopted in our country; 5) For the coming lawmaking of clausula rebus sic stantibus, Some problems are presented and some helpful proposals are raised.