理想与现实冲突下的制度困境——再谈情事变更原则在我国的适用

情事变更原则作为合同法律制度中的一个重要原则,已被大多数先进法治国家的判例、学说与立法所确认。然而,我国《合同法》并未采纳该原则。由于此立法缺漏的存在,不仅凸现出制度本身与法的价值理想的矛盾与冲突,而且直接导致司法实践中混乱局面的出现。因此,我国有必要在立法中确立该原则。

System Difficult under the Conflict of Ideal and Reality——The Application of the Changed Circumstances in China

As an important principle in the contract law, the principle of the changed circumstances has already been affirmed in legal cases, theories and legislation of most developed countries. However, the Law of Contract of our country hasn't adopted it. The legislative omissions have caused not only contradictions and conflicts between the system and law value but also the confusion in judicial practice. Therefore, it is necessary to establish this principle in the legislation in our country.