不安抗辩权制度评析

An Analysis of the Right of Defence out of Distrust System

不安抗辩权制度是我国新合同法确立的一项重要法律制度,它的设立是我国立法的一大进步,其对合同的正确履行和社会经济生活、市场交换秩序都有重要的意义,但在实践中不安抗辩权制度仍然存在一定的缺陷,对此本文提出探讨性的意见及对策。

The system of the right of defence out of distrust is an important legal system established by the New Contract Law. Its establishment marks a great progress of the Chinese legislation. It is of great significance in the correct fulfillment of contracts and the social economic activities as well as the exchange order of markets. However, some defects still exist in the practice of the system of the right of defence out of distrust . This article aims to put forward some suggestive points and countermeasures.