The contract is the "centers" of all transactions，Almost all market transactions must be completed by the contract。Since the implementation of the Civil Code，Many judicial interpretations of contract law have been abolished，Requires a new basis in practice to explain the old and new problems of the contract law。In this context，The "Supreme People's Court's Interpretation of the Life of the" People's Republic of China "Contracts" (hereinafter referred to as the "Concubine Judicial Interpretation") integrated trial practice and theoretical consensus，The core value of practicing the Civil Code，Refined specifications of the "Contract Congress"、Development，Focus on the integration of the system，Coordinate the unity and flexibility of the referee，The implementation of the Civil Code combined with the high -quality development of the economy and society。

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Implementation of the Civil Code needs to continuously refine the rules of the Civil Code，"Contract's Congratulations to Judicial Interpretation" follows the following principles in the process of detailed rules。

First，Respect the original meaning of legislation，Around the implementation of implementation。According to Article 104, paragraph 1 according to Article 104 of the Legislative Law，Judicial interpretation must meet the purpose of the Civil Code、Principles and original intent，The bet365 best casino games most important concept of the "Contract's Congratulations" is to respect the original meaning of legislation，Specific development around the implementation of the Civil Code。Therefore，"Contract's Congratulations to Judicial Interpretation" in Legislative purpose、Legal interpretation method、The concreteness of the uncertain concept and the filling of the loopholes，Always follow the legislative concept of the Civil Code、Legislative purpose and basic principles。In the specified specific expression，Pay attention to the relevant specifications of the judge's applicable to the "Civil Code"。This explanation quotes the specific regulations of the Civil Code in many articles，Makes such as "People's Court shall be processed/identified in accordance with Article No. × Article × Article ×" and other forms，Determine the people's court should handle and determine it in accordance with the specific provisions of the Civil Code。

2，Summary practical experience，Against theoretical consensus。"Contract's Congratulations to Judicial Interpretation" during the formulation process，Absorption and retaining many specific rules with practical orientation，When the referee does not contradict the legislative spirit，Adhere to the existing referee ideas as much as possible，Make sure the stability of judicialness，Enhanced expected。At the same time，Pay attention to the theoretical consensus that condenses the theory of civil law in my country，Develop it into a trial rule。

third，Focus on litigation scenarios，Highlighting the problem orientation。"Contract's General Judicial Interpretation" as a judicial interpretation of the Bet365 lotto review Supreme People's Court，Development of the "Civil Code" for the specific application of "Civil Code" for trial work，More litigation scenes that focus on trial work，Give full play to the referee specification function of the Civil Code。This explanation does not pursue the integrity of the system and the face is available，but focusing on the key difficulties，Involved an appointment contract、Format Terms、Approve the effective contract、Contracts that violate compulsory norms and public order and customs、Contracts set up by representative agents of Vietnam and Vietnam、Effective consequences、Preservation of debt、Performing defense、Preservation of debt、Lie、offset、Calculation of benefits、Many important issues in trial practice and other trial practice of liquidated damages。That's，"Contract's Congratulations to the Judicial Interpretation" adopted examples、Situation、Objective、Demonstration、Types、Dynamic and other technologies。

fourth，Comprehensive multiple methods，Grasp the core essence。As the right to explain the "Contract's Passing General Judicial Interpretation", various explanation methods are scientifically used，Comprehensive、Accurately understand the core essence of the Civil Code，Avoid disconnection。In addition to the most basic literary interpretation method，This explanation also uses a system explanation、Historical interpretation and purpose interpretation methods。These explanations are not used in isolation，There is no absolute priority order with each other。Bet365 app download In specific provisions，These explanations are comprehensive。

　　Fill in the loopholes of the Civil Code

The rules of "Civil Code" need to be continuously developed in practice。Therefore，The implementation of the "Civil Code" is not a position that is not an explanation of specifications，You also need to fill in vulnerabilities。

Facts，There is no clear boundary between the specification interpretation and loopholes，Both can be generally distinguished according to whether it is within the schedule of the standardized science。The reason why it is distinguished，It is because when explaining the schedule beyond the schedule，It should take a more prudent attitude，Only with a fulfilling reason can it be filled with vulnerability。Based on this，"Contract's General Judicial Interpretation" on the liability for breach of contract for the appointment contract、Format terms that should be prompted、The identification of the debtor in the claimal litigation of the litigation lawsuit and the scope of the applicable scope of Article 157 of the Civil Code、No right to punish the rules、Cancel of creditors' unreasonable price trading behavior、Test -off forces to offset、Visite the offset、Debt to join the right of compensation、deposit type and other open vulnerabilities are filled。

　　Reading the value of the Civil Code

The refinement and loopholes of the rules of the Civil Code are inseparable from the value guidance of the "Civil Code"，"Contract's Congratulations to Judicial Interpretation" reiterated the core value of the Civil Code。

First，Guarantee autonomy。Autonomous Requirement Contract Interpretation of the Realization of Bet365 lotto review the True Meaning of the Parties，Requires to determine the party's rights and obligations in accordance with the true meaning of the parties，minimize the reason for the invalidation of the contract，Avoid the unfair control of the contract。Second，Encouragement transaction。To promote the high development of the market economy，The contract method should have the value of encouraging transactions，The establishment of the contract as much as possible、Effective，Maintain transaction may，Promoting the circulation of creditor rights。Third，Promote integrity。To promote the core values ​​of socialism，Encourage the parties' integrity behavior，Guarantee creditor's realization，Increase the cost of breach of contract，Avoid escape debt，"Contract Couples Judicial Interpretation" has stipulated in many aspects，Including refinement compensation liability，Clarify the scope of compensation liability that violates the appointment contract and the undisturbed contract，Refined contract claim preservation rules and protection trust。Fourth，Promoting fairness。"Contract Council Judicial Interpretation" to protect the rights and interests of the counterparty through a detailed format contract，By refining the situation of the situation and the rules of the adjustment of the liquidated damages, the party's autonomy。

Integrate the "Civil Code" system

The essence of the coda is the rationalization of the legal origin system。The Judicial Interpretation of the Contract's Pass to the Judicial Interpretation of the Law of the Contract Law。In the contract explanation、Bet365 lotto review Trading habit、Contract Volual System、No right to punish、Preservation of debt、Third person compensation liability and other rules in the contract，"Contract Congratulations to the Judicial Interpretation" realizes the internal connection of the civil code system;、In the rules such as the realization of the right to the right and the right to revoke，"Contract's Congratulations to Judicial Interpretation" realizes the system connection of the physical method and the procedure method。

The promulgation of the "Contract's Congratulations to the Judicial Interpretation"，The judicial application of the "Contract Development of the Civil Code" has important guiding significance。In fact，With the implementation of the Civil Code，Supporting judicial interpretation through a unified referee scale、Solving the implementation of the "Civil Code" in the implementation of new major difficulties in the implementation of the "Civil Code"、Instructor applies to law in judgment，Always carrying the function of ensuring the unified and correct implementation of the "Civil Code"。The above functions that further exert judicial interpretation，Combined with the experience of "Contract's Congratulations to Judicial Interpretation"，In the process of formulating judicial interpretation in the future, the following principles should be grasped: pay attention to comprehensive and use，Unified referee scale; pay attention to problem orientation，To solve major difficulties; pay attention to system thinking，Establish the concept centered on the "Civil Code" system。

　　(The author is a professor at the School of Law of Renmin University of China)