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随着社会主义市场经济的进一步完善与发展,我国的一些法律制度中的漏洞逐渐被显现出来。民商法是商品经济的产物,对于调节生产关系,市场经济都有着极为重要的作用。但就我国目前的民商法体系来看,其抵消权相关的法律条文还存在着诸多问题。抵消权的规定较为笼统,基本原则缺失。抵消权制度中的重要概念和规范条例较为模糊等都成为了影响我国民商法进一步完善的重要阻碍。在新的时期,要完善我国的法律体系就需要我国积极借鉴其他国家的相关经验,让抵消权制度更好的为我国社会主义经济服务。本文将对抵消权法律制度作出简要介绍的同时,指出我国抵消权立法中存在的问题及其解决措施。
With the further improvement and development of the socialist market economy, some loopholes in some legal systems in our country have gradually emerged. Civil and commercial law is a product of the commodity economy and plays an extremely important role in regulating the relations of production and the market economy. However, judging from the current civil and commercial law system in our country, there are still many problems in the legal provisions concerning the right of elimination. The provisions of the right of elimination are more general and the basic principles are missing. Important concepts in the system of right of counterclaims and the obscure rules and regulations have become important obstacles that affect the further improvement of civil and commercial law in our country. In the new period, improving China’s legal system requires that China actively learn from the experience of other countries so that the system of offsetting rights can better serve the socialist economy of our country. This article will give a brief introduction of the legal system of the right of rescission, at the same time, point out the problems and their solutions in the legislation of the right of counterclaim in our country.