合同编解除制度的完善

On Improvement of Contract Rescission System

合同解除既是合同权利义务消灭的原因,也是违约救济的重要方式,是我国民法典合同编制定过程中应当重点规定的法律制度。虽然《合同法》所规定的合同解除制度基本适应了我国市场经济的发展需要,但仍有需要完善之处。我国民法典合同编应当进一步明确法定解除权的主体,完善法定解除的条件,细化合同解除的规则,明确合同解除的效力,以更好地适应市场交易和司法实践发展的需要。

The rescission of contract is not only the reason of eliminating the rights and obligations of contract, but also the important way of remedy of breach of contract. It is the legal system that should be emphatically stipulated in the compilation of civil code of our country. Although the contract rescission system stipulated in the Contract Law basically meets the needs of the development of the market economy in our country, there is still room for improvement. This paper argues that the compilation of civil code in our country should further clarify the subject of statutory rescission, improve the condition of statutory rescission, refine the rules of contract rescission, and clarify the effect of contract rescission in order to better adapt to the needs of market transactions and development of judicial practice.