The contract is the “common denominator” of all transactions，Almost all market transactions must be completed with the help of contracts。Since the implementation bet365 sportsbook review Civil Code，Many previous judicial interpretations on contract law have been abolished，In practice, new basis is needed to explain old and new issues in contract law。In this context，The "Interpretation bet365 sportsbook review Supreme People's Court on Several Issues Concerning the Application bet365 sportsbook review General Provisions of Contracts bet365 sportsbook review Civil Code bet365 sportsbook review People's Republic of China" (hereinafter referred to as the "Judicial Interpretation bet365 sportsbook review General Provisions of Contracts") integrates trial practice and theoretical consensus，Practice the core values ​​bet365 sportsbook review Civil Code，Refining the existing specifications bet365 sportsbook review "General Principles of Contracts"、Development，Pay attention to the connection and integration bet365 sportsbook review system，Coordinate refereeing uniformity and flexibility，Integrate the implementation bet365 sportsbook review Civil Code with serving high-quality economic and social development。

　　Refining the rules bet365 sportsbook review Civil Code

The implementation bet365 sportsbook review Civil Code requires continuous refinement bet365 sportsbook review rules bet365 sportsbook review Civil Code，The "Judicial Interpretation bet365 sportsbook review General Provisions of Contracts" follows the following principles in the process of refining the rules。

First，Respect the original intention bet365 sportsbook review legislation，Focus on implementation。According to Article 104, paragraph 1, bet365 sportsbook review Legislation Law，Judicial interpretation must conform to the purpose bet365 sportsbook review Civil Code、Principles and original intention，The most important concept bet365 sportsbook review "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" is to respect the original intention bet365 sportsbook review legislation，Revolving specifically around the implementation bet365 sportsbook review Civil Code。Therefore，The legislative purpose of "Judicial Interpretation bet365 sportsbook review General Provisions of Contracts"、Methods of legal interpretation、Reification of uncertain concepts and filling of normative gaps，Always follow the legislative philosophy bet365 sportsbook review Civil Code、Legislative purposes and basic principles。On the specific expression of norms，Focus on guiding judges to apply relevant specific provisions bet365 sportsbook review Civil Code。This interpretation cites specific provisions bet365 sportsbook review Civil Code in many articles，Used various expressions such as "The People's Court shall handle/determine in accordance with Article × bet365 sportsbook review Civil Code"，Clearly instruct the People’s Court to handle and determine in accordance with the specific provisions bet365 sportsbook review Civil Code。

Second，Summary of practical experience，Cohesion Theory Consensus。The Judicial Interpretation bet365 sportsbook review General Provisions on Contracts is in the process of being formulated，Absorbed and retained many practical-oriented specific rules，As long as the judicial thinking does not conflict with the legislative spirit，Stick to the existing refereeing ideas as much as possible，Ensuring the stability bet365 sportsbook review judiciary，Enhance predictability。At the same time，Focus on condensing the theoretical consensus of my country’s civil law doctrine，Develop it into a trial rule。

　Third，Focus on litigation scenes，Highlight problem orientation。The "Judicial Interpretation bet365 sportsbook review General Provisions of Contracts" is a judicial interpretation formulated by the Supreme People's Court，Developed for the specific application bet365 sportsbook review Civil Code in trial work，More litigation scenes focusing on trial work，Utilize the adjudicative and normative function bet365 sportsbook review Civil Code。This explanation does not pursue a complete and comprehensive system，But focus on key points and difficulties，Reservation contract involved、Format Terms、Approval of effective contract、A contract that violates mandatory norms and public order and good customs、A contract between an agent acting in an ultra vires position and an ultra vires representative、Invalid consequences、Paying debts with things、Performance Defense、Preservation of debts、Release、Offset、Calculation of available benefits、Many important issues in trial practice such as adjustment of liquidated damages。This is it，The "Judicial Interpretation bet365 sportsbook review General Provisions of Contracts" adopts illustrations、Contextualization、Objectification、Demonstration、Typed、Dynamic and other technologies。

　Fourth，Integrated multivariate method，Grasp the core essentials。As the "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" with the right to interpret, it scientifically uses various interpretation methods，To be comprehensive、Accurately understand the core essence bet365 sportsbook review Civil Code，Avoid taking quotes out of context。In addition to the most basic method of interpreting the meaning，This explanation also uses system explanation、Methods such as historical explanation and purpose explanation。These explanation methods are not used in isolation，There is no mutually exclusive absolute priority。In specific provisions，These explanation methods are used comprehensively。

　　Filling the loopholes in the Civil Code

The rules bet365 sportsbook review Civil Code need to be continuously developed in practice。Therefore，The implementation bet365 sportsbook review Civil Code does not adhere to the position of normative interpretation，Vulnerabilities also need to be filled。

In fact，There is no clear line between specification interpretation and loophole filling，The two can be roughly distinguished based on whether they are within the scope bet365 sportsbook review normative text。The reason for the distinction，Because when the interpretation exceeds the literal range bet365 sportsbook review norm，A more prudent attitude should be adopted，That is, only when there are sufficient justifications can the loopholes be filled。Accordingly，Liability for breach of contract in the "Judicial Interpretation bet365 sportsbook review General Provisions of Contracts"、Format terms that should be prompted、Hidden loopholes such as the determination bet365 sportsbook review debtor’s “sluggishness in exercising” rights in subrogation litigation and the scope of application of Article 157 bet365 sportsbook review Civil Code、No right to discipline rules、Revocation of unreasonable price transactions by creditors、Retroactive effect of offset、Offset of offset、The debtor’s right of recovery、Open loopholes such as deposit type have been filled。

　　Reaffirm the value bet365 sportsbook review Civil Code

The refinement bet365 sportsbook review rules bet365 sportsbook review Civil Code and the filling of loopholes are inseparable from the value guidance bet365 sportsbook review Civil Code，The "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" reiterates the core values ​​bet365 sportsbook review "Civil Code"。

First，Guarantee autonomy。Autonomy requires contract interpretation to serve the realization bet365 sportsbook review parties’ true intentions，Requires the determination bet365 sportsbook review rights and obligations bet365 sportsbook review parties based on their true intentions，Minimize the reasons for invalidating the contract as much as possible，Avoid unfair control of contracts。Second，Encourage transactions。To promote the high development of market economy，Contract law should have the value of encouraging transactions，Promote the establishment bet365 sportsbook review contract as much as possible、Effective，Maintain transaction possible，Promote the circulation of claims。Third，Promote integrity。To promote the core values ​​of socialism，Encourage parties to behave in good faith，Guarantee the realization of creditor's rights，Increase the cost of default，Avoid debt evasion，The "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" provides provisions in many aspects，Including detailed liability，Clear the scope of liability for breach of appointment contract and uneffective contract，Refining the rules for the preservation of contractual claims and the protection of trust, etc.。Fourth，Promote fairness。The "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" protects the rights and interests bet365 sportsbook review counterparty by refining the format contract，Reasonably restrict party autonomy by refining the rules for changes in circumstances and adjustment of liquidated damages。

Integrating the Civil Code system

The essence of codification is the rationalization bet365 sportsbook review legal source system。The "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" enhances the scientific and systematic nature of contract law rules。Explanation in contract、Trading Habits、Contract validity system、No right to dispose、Paying debts with things、Rules on Third Party Liability in Contract Formulation，The "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" realizes the internal connection within the Civil Code system；Performing the right of defense、In the rules for the realization of litigation rights of subrogation and revocation，The "Judicial Interpretation bet365 sportsbook review General Principles of Contracts" realizes the systematic connection between substantive law and procedural law。

Promulgation bet365 sportsbook review "Judicial Interpretation bet365 sportsbook review General Principles of Contracts"，It has important guiding significance for the judicial application bet365 sportsbook review "General Principles of Contracts" bet365 sportsbook review Civil Code。In fact，With the implementation bet365 sportsbook review Civil Code，Supporting judicial interpretations pass unified judgment standards、Solving major new and difficult problems in the implementation bet365 sportsbook review Civil Code、Guiding judges on how to apply the law during trials，Always carries the function of ensuring the unified and correct implementation bet365 sportsbook review Civil Code。To further develop the above-mentioned functions of judicial interpretation，Combined with the experience of "Judicial Interpretation of General Provisions of Contracts"，In the process of formulating judicial interpretations in the future, the following principles should be grasped: Pay attention to comprehensive use，Unified referee standards；Focus on problem orientation，Solving major and difficult problems；Focus on system thinking，Establish the concept centered on the Civil Code system。

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