如何区别情事变更与商业风险,一直是司法实践中有争议的课题.因为一种情形的出现,致使当事人双方所订立的经济合同全部或部分不能履行,那么应将此情形确认为情事变更或是商业风险.直接涉及到当事人的合法权益能否得到及时有效的保护,涉及到正确认定合同当事人对履行合同所应承担的风险责任、过错责任和承担责任的方式.笔者认为,要正确界定情事变更与商业风险,应根据两者各自的本质特征及本质特征所决定的不同特点进行分析.一、情事变更原则是指在合同履行过程中因不可归责于双方当事人的事由,发生了双方当事人在订立合同时没有预见的某些情况或事件,继续履行合同将显失公平,从而重新调整合同双方当事人的权利与义 How to distinguish between changes of circumstance and business risks has always been a controversial issue in judicial practice.If a situation arises that the economic contract entered into by both parties can not be fulfilled in whole or in part, then the situation should be confirmed as a change of circumstances or Commercial risk directly related to the legitimate rights and interests of the parties can be timely and effective protection involves the correct identification of the parties to the contract on the performance of the contract should bear the risk responsibility, fault liability and responsibility to assume the way the author believes that the right to change the circumstances And commercial risk should be analyzed according to the different characteristics determined by the intrinsic and intrinsic characteristics of the two.First, the principle of change of circumstances refers to the fact that the two parties involved in the process of contract performance are not attributable to the parties, When certain conditions or events are not foreseen at the time of conclusion of the contract, it will be obviously unfair to continue to perform the contract so as to readjust the rights and obligations of the parties to the contract