Research On The Non-arbitrary Termination Rules Of Continuing Contract

With the continuous update of social transactions,the parties often choose to establish a long-term and stable business partnership by concluding a continuous contract.In this context,the number of cases requesting the termination of continuing contracts in judicial practice is increasing day by day.my country’s termination system is still dominated by temporary contracts.Although the "Civil Code" contract introduces a system of unscheduled continuous contract termination at any time in the general rules,it is still not enough to cover some special reasons,leading to the existence of inability to terminate in judicial practice.The problem.Non-arbitrary termination refers to the conditional termination of a continuing contract,Its purpose is to take into account the continuity of the contract and allow the parties to terminate the contract for special reasons before the time limit expires.Therefore,when there are deficiencies in our country’s cancellation system,we should consider studying the rule of non-arbitrary cancellation,and then design a relatively reasonable cancellation system.This article uses comparative research,case analysis,and normative analysis to comprehensively analyze the causes of dissolution,exercise procedures and dissolution effects of non-arbitrary dissolution rules from two perspectives of general regulations and specific regulations.By learning from the legislative experience of Germany,Japan and other countries,it puts forward pertinent and operable suggestions.The article body consists of four parts in total:The first part is an overview of the non-arbitrary termination of continuing contracts.This part first introduces the connotation and characteristics of non-arbitrary termination of continuing contracts.Secondly,it points out the importance of perfecting the rules of non-arbitrary termination by discussing the difference between the continuation contract and the temporary contract termination system.Finally,sort out the legal regulations in the "Civil Code" to clarify the research scope of this article.The second part is the analysis of the problems existing in the non-arbitrary cancellation rules of continuing contracts in our country.It mainly includes the existence of dissolution reasons that cannot cover all situations in general provisions,procedural provisions and actual conflicts,and the scope of damage compensation is not clear enough.There are problems such as inadequacy of relevant laws and regulations for unnamed continuing contracts and vague terminology regulations in the special regulations.The third part is an extraterritorial investigation of the non-arbitrary termination of continuing contracts.This part introduces the legislative rules and history of Germany and Japan.By summarizing the practices when facing the same problem outside the region,we can summarize the successful experience that can be used for reference by our country.The fourth part is the suggestion to improve the non-arbitrary termination rules of continuing contracts in our country.Based on foreign experience,it is recommended that the general provisions of non-arbitrary termination be added to terminate the contract based on “significant reasons”,clarify the procedural provisions and the scope of compensation for damages.For special regulations,it is recommended to gradually increase the types of typical continuation contracts in combination with practice,and to clarify that non-arbitrary occasions exclude the relevant expressions at any time for improvement.