Research On The Cancellation Of Litigation

In 1999, People's Republic of China Law of Contract has been enacted, the 74th and the 75th article of which stipulate the cancellation right. The setting of the cancellation right has a theoretical and practical value of safeguarding the sound development of the socialist market economy. However, this article is simple and difficult to understand and adopt. Because the use of the cancellation right is at the cost of the privity of contract, which is the basic principle connecting obligee and obligor. Breaking this principle influence the safety of the transaction, thus, attention should be paid to the rights of obligee and obligor during the judgment, that is to say, the safety of the transaction and the economical freedom of the obligee should be balanced. But, the Contract Law of China ignored the cancellation right procedural mechanism ---- Proceedings for right of Cancellation.In December ,1999, Supreme People's Court Certain Questions Explanations about< People's Republic of China Law of Contract >, the 23rd to the 26th article in which expound the 74th and the 75th article of contract law., and finally establish the position of the Cancellation Right in China's legal system. As a new law, scholars did not pay much attention to it, and there may be more or less situation in the implementation. So we should apply this law to practical, absorb advanced theory, make the most of the law.This essay based on the legislation's experience of foreign countries, connecting the proceedings for right of cancellation's practice in our country, explored and discussed the conception of the Proceedings for right of cancellation, object of action, the status of litigant and so on. The main point of view of this essay: The nature of proceedings for right of cancellation is the request right suit and given suit. The jurisdiction of Proceedings for right is the exclusive territorial jurisdiction. The object of action Proceedings for right is that the debtor's disposition is removed and that recovery original property. Validity of matter adjudged of proceedings for right related creditor debtor and third party.