论合同解释及其发展趋势

合同解释其实质是一种裁判行为 ,是构成合同法的重要组成部分。十一届三中全会以来 ,我国的合同法律制度虽得到一定的建设和发展 ,但在合同解释问题上 ,仍有许多之处亟待完善。本文从分析合同解释问题的产生为切入点 ,通过对合同解释前提、主体、客体的诠释以及对两大法系合同解释理论观点的比较分析、探讨合同解释的原则及发展趋势 ,并认为 :规范化不仅是完善我国合同解释法律制度的基本要求 ,同时也是现代合同解释发展的基本趋势。

On Contract Explanation and its Development Tendency

Contract Explanation is a juridical behavior by nature, and it is an important component of contract law. Since the 3rd session of the 11th CNPR,our system of contract law has been built and developed, but there is still room for further development on the issue of contract explanation. This article starts with focusing on the emergence of contract explanation problems, explains the presumption, subject, and object of contract explanation, compares the contract explanation theories of the two system of law,probes the principles and development tendency of contract explanation, and thinks that standardization is not only the basic requirement of improving our legal system of contract explanation, but also the basic tendency of modern contract explanation development.