合同解除制度允许当事人根据法律规定的情况解除合同以免除有效成立的合同对自己的约束,合同解除的概念之界定则是正确运用合同解除制度的前提,本文结合两大法系的具体规定,结合国内关于合同解除概念的学说与争议,认为合同解除应该包括约定解除与法定解除。 The contract rescission system allows the parties to terminate the contract in accordance with the law, so as to avoid the binding of an effective contract. The definition of the contract rescission is the prerequisite for the correct application of the contract rescission system. In the light of the specific provisions of the two legal systems, On the doctrine and controversy about the concept of contract rescission, the dismissal of the contract should include the termination of contract and the statutory dissolution.