Analysis Of Epidemic Prevention And Control From The Perspective Of Force Majeure

The outbreak of new type of coronary pneumonia has lasted for more than a year since the end of the lunar calendar in 2019.Europe and North America have been out of control.The new cases that set a new daily high make us change from shock to current habits.Under the leadership of the party,China has controlled the spread of the epidemic due to the dedication of medical staff,scientific and timely prevention and control and the cooperation of the whole people.However,it is inseparable from strict and strict measures If we are lax,we will rebound.In the first quarter of 2020,China with good economic development has also experienced a decline.A large number of contracts cannot be fulfilled due to epidemic situation and prevention and control,and contract disputes inevitably surge.It is urgent to explore the dispute resolution mechanism under the background of epidemic prevention and control,from the identification of the nature of epidemic prevention and control,to the identification of three elements of force majeure,to the judge’s discretion during the trial,and finally to the responsibility for contract losses.The force majeure system has been tested in the context of epidemic prevention and control.In the legal provisions of our country,the provisions of force majeure system have been subjected to over generalization evaluation,especially in the current epidemic situation and prevention perspective,how force majeure system can play its role,which reflects the response of force majeure system to major safety events.Based on the theoretical analysis of force majeure system,combined with domestic and foreign judicial practice,this paper combs the characteristics and problems of force majeure system application in our judicial practice,and constructs the rules of force majeure application under the background of epidemic prevention and control.The article is as follows:The first part is the theoretical discussion and the definition of nature.Through the analysis of the influence of epidemic prevention and control on the performance of common contracts,the components and theories of force majeure,the article explores the appropriate elements of force majeure in the context of epidemic prevention and control,and on this basis,analyzes and defines the nature of epidemic prevention and control in China,and should consider its impact on the performance of the contract and the cause and effect The comprehensive determination of relationship can not be regarded as force majeure first.The degree of the contract performance obstacle means different solutions.Only if the remedy is given to the right,the problem can be solved in practice.The second part first summarizes the operational characteristics of relevant systems in the judicial practice outside China,in order to extract the applicable mechanism that fits the epidemic prevention and control,and summarizes the application of force majeure system in SARS period,which is very similar to the epidemic in China,combs the guidance and Countermeasures of the judicial organs of our country on the epidemic,and summarizes the force majeure in our judicial practice The application dilemma of rules can be solved and avoided in the subsequent application.The third part,on the basis of the above,explores the applicable rules of force majeure system in the context of epidemic situation,including the identification of three elements in the process of identification of the nature of epidemic prevention and control,the judgment of "unable" in the contract failure,and the application of force majeure by combining various factors.From the perspective of social sustainable development,the paper analyzes the nature of the outbreak of local epidemic in some areas during the post epidemic period,and puts forward the suggestions of applying force majeure system in combination with the principle of situation change.