论抵销制度-法律专业论文.docxVIP

山东大学硬士学位论文Abstraet 山东大学硬士学位论文 Abstraet Aiming at the imperfect situation ofthe Chinese offset system,the thesis deals with the topic from four parts：the basic theories ofoffset,the comparative study ofoff．辩t,its present situation in China and how to improve the system,hoping the system will be improved in the future． The first part is mainly about the basic theories of offset,including its concept, explanation,classification,condition,methods and effects．In this part,a general method is adopted．Meanwhile,a comparative study is also employed to show the authors standpoint and the I屯aSOIIIS why the choices a聆made． The second part focuses 0n the comparative study of the offset system．In this part, Fr％ch civil code，Italian civil code，German civil code,Japanese civil code and Taiwanese civil code躺taken a3 examples to show the differences in classification,condition, forbiddance，offset eoneemirtg the third pa呶effects，ot,Ja盯rules,ctC．From the comparison flonle conclusion Call be made勰to what should be made啪ofand what should be abolished． The third part analyzes the present situation of the Chinese offset situation,and points out that the offset system mainly exists in two relevant provisions in Chinese Contract Law．In sp沁of tllis，it only sets general requirements for offset without a complete system．This is reflected in the fact tlult in practice there are nO lt℃lllted defmite rules,therefore。the offset system is in turmoil． The fourth part is a d∞p thinking Oil how to perf醐the offset system in China．Taking the dratts by Mr．Liang Huixing and Mr．Wang Liming撼reference．锄analysis is lnade about the offset system．It is held that construction of the system has attraeted the att蹦tioll of scholars and a full eomideration has been given to the legislative levcl．There a∞sonic differences On the provisions of thc drafts，and at the sllrlll{time，there is also something in common．Personal views a他expressed concerning the above-mentioned problems。i．e．，Mr． Liangsall is desirable,but peopl