Analysis Of My Country's Circumstance Change System

As an exception to the principle of substantial change of circumstances,substantial change of circumstances has been developed in other countries for more than a century,and has only a few decades of development in our country,and the legal requirements are not perfect.Therefore,the study of substantial change of circumstances in China cannot be separated from the outside world summary of experience.The theoretical basis of substantial change of circumstances mainly includes the basic theory of legal behavior in Germany,the Contract Frustration system in Common law,and France's Unforeseen theory.When the Contract Law was revised in 1999,substantial change of circumstances was once included in the revised draft,but because of the controversy and many opponents,it was eventually not included in the Contract Law.With the development of the market economy,contract disputes caused by changes in the situation have gradually increased.Stimulated by the financial crisis,the Supreme People's Court in 2009 provided for a judicial interpretation in Article 26 of the "Contract Law Interpretation II" to stipulate a situation change system.At present,the content of the current situation change system in China is not comprehensive enough,the concept is not clear,and it has the characteristics of abstractness and generality,especially the constitutional requirements stipulated by laws and the surrounding systems such as commercial risks and force majeure.Therefore,in judicial practice,judges will not dare to use substantial change of circumstances or risk of abuse,and fail to play the function of substantial change of circumstances well.In December 2018,the Standing Committee of the Thirteenth National People's Congress continued to review the contract law draft,forming a second review draft.Article 323 of the second draft of the contract law draft stipulated substantial change of circumstances,which has once again entered into legislation.The Civil Code of the People's Republic of China(Draft),which renumbered the serial number promulgated by the Standing Committee of the National People's Congress on December 20,2019,includes Article 533 substantial change of circumstances.This shows that the substantial change of circumstances is in the general trend of China's legislation and people's aspirations.The substantial change of circumstances entered into the legislation this time is more complete and scientific than the provisions of Article 26 of Contract Law Interpretation II,especially the newly introduced international general renegotiate obligation.Regarding the renegotiation obligation,it should be regarded as an unreal obligation,and punitive measures cannot be used to guarantee the parties' compulsory performance in accordance with the traditional obligation concept.The renegotiation obligation is not the legal effect of substantial change of circumstances but the preparation stage for applying substantial change of circumstances.The legal effect of substantial change of circumstances should not be limited to the level of effectiveness of the change and termination.The contract should be changed or canceled in the same order,but the parties should be encouraged to change the contract through renegotiation.The author intends to start this research in five parts.The first part introduces the theory of substantial change of circumstances.The second part reviews the legislation of substantial change of circumstances in China.The third part analyzes the constituent elements of substantial change of circumstances.The fourth part distinguishes substantial change of circumstances with the surrounding system,the fifth part studies the legal effect of substantial change of circumstances.