An Investigation Of The Problems Of My Country's Force Majeure System In Judicial Practice

As a cause of exemption,force majeure is beneficial to protect the interests of the parties and maintain the security of transactions.The provisions of force majeure system reflect the fairness and justice of civil law,and this system also plays an important role in the civil and commercial fields of our country.Taking the force majeure system in China as the research object,through the investigation of theory and judicial practice,this paper summarizes the following problems:First,judges have different standards for the cause of force majeure.As for the determination standard of force majeure,the law has always stipulated that the"three no" standard should be met.However,in China’s judicial practice,judges in many cases do not follow this standard for trial,leading to great differences in judicial adjudication.Second,the"unpredictability" of judge’s mechanical judgment.Some judges deem that a party has lost the"unpredictability" simply because a natural disaster has been "forecast" by relevant departments,which infringes on the rights and interests of the party concerned.Third,the judge to the force majeure agreement clause is not consistent.There are different opinions on the provisions of extending,excluding or limiting the scope of application of force majeure agreed by the parties,so it is difficult to form a unified standard of judicial judgment.Fourth,the law does not stipulate the legal consequences of violating the obligation of notice and proof.Fifth,the law does not provide that the contract can be changed due to force maj eure.When the part of the contract cannot be performed due to force majeure,there is no clear legal provision for the parties to modify the contract.Based on the above five problems,based on the theoretical research of Chinese scholars and combined with the useful practices in judicial practice,the paper puts forward corresponding suggestions for improvement:the judge is required to determine the force majeure by the "three no" standard;Defining the determination criteria of force majeure for natural disasters predicted;Standardizing the identification of the terms agreed by the parties;Increase the legal consequences of breach of the obligation of notice and proof;Restore the provision that the contract may be changed due to force majeure.