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영어

This study investigates the doctrinal and practical challenges surrounding the application of the doctrine of changed circumstances within China’s economic contract law framework. The core research problem addressed is the lack of clarity in defining the legal thresholds for applying this doctrine, along with inconsistent judicial interpretations that hinder legal certainty and predictability among contracting parties. The doctrine of changed circumstances, derived from the Roman law concept of rebus sic stantibus, is intended to provide equitable solutions when unforeseen external factors-such as significant market fluctuations, governmental policy shifts, or public health emergenciesfundamentally alter the contractual balance. While the incorporation of this principle into Article 533 of the Civil Code of China marked an important legal development, its application remains inconsistent due to vague statutory language and wide judicial discretion. This paper conducts a doctrinal analysis of Chinese legal provisions and systematically reviews representative court decisions involving economic hardship, including cases affected by price volatility, COVID-19-related disruptions, and administrative regulation changes. These case studies reveal recurring issues such as the ambiguous delineation between changed circumstances and force majeure, as well as the lack of clear procedural guidance for renegotiation obligations. In particular, the paper delves into the practical challenges and theoretical debates surrounding the duty to renegotiate, highlighting its uncertain legal status and operational difficulties in judicial practice. Moreover, through a comparative analysis of theoretical scholarship and judicial reasoning, the study reveals the structural disjunction between legal theory and adjudicative logic and explores potential paths to bridge this gap. To enhance legal coherence, the paper compares China’s approach with those adopted in Germany, France, and Anglo-American jurisdictions. The comparative analysis reveals divergent interpretations and institutional mechanisms, including structured renegotiation procedures, judicial intervention thresholds, and risk allocation doctrines. These models offer valuable insights for reforming the Chinese system. In addition, the paper advocates for clearer legislative standards to define “substantial change” and “manifest unfairness,” the codification of renegotiation obligations as enforceable legal duties, and the issuance of judicial guidelines to reduce discretionary inconsistencies. Economic analysis of law is employed to evaluate the cost-efficiency and normative implications of such reforms. This study contributes to the refinement of China’s contract law by proposing targeted reforms that enhance fairness, contractual stability, and legal certainty in the face of an increasingly volatile economic environment. The research aims to assist both legislators and judicial practitioners in bridging the gap between legal theory and enforceable standards in commercial practice.