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社会不断进步与发展,民事、经济活动不断增加都需要通过合同得以实现,然合同的订立也会有瑕疵,故合同的解除制度在各国的立法中都有所体现并加以研究。合同解除制作为合同制度的一种补充制度和救济措施,它首先应是保障合同的顺利履行,其次是起到公平救济和惩罚违约的作用。因此在合同解除制度的制定时应要注意保护适度,条款清晰,惩处有力。新合同法在立法上吸取了两大法系的精华,是一部难得的好法,本人以为若能加以完善将会更好。
The continuous improvement and development of society and the continuous increase of civil and economic activities need to be realized through contracts. However, the conclusion of contracts will be flawed. Therefore, the contract lifting system has been embodied and studied in the legislation of various countries. Cancellation of contract as a contract system to supplement the system and relief measures, it should first protect the smooth implementation of the contract, and secondly play a fair relief and punish the role of default. Therefore, the formulation of the contract cancellation system should pay attention to the appropriate protection, clear terms and punishments. The new contract law has drawn the essence of the two legal systems in the legislation and is a rare good law. I think it would be better if we could improve it.