合同解除权是指合同当事人在法律规定或者合同约定的情况下,享有解除合同的权利,合同解除的法律后果就是合同当事人的权利义务终止。而在解除权成就后,若解除权人未及时行使解除权,则解除权人享有合同解除权消灭。目前,对于合同解除权消灭的问题,我国《合同法》规定得并不完善,导致裁判者在处理该类纠纷时对于合同应否解除存在不同的认识。为此,本文结合仲裁实务中发生的一起租赁合同纠纷案例和《合同法》第95条规定,对我国合同解除权消灭制度进行探讨,提出笔者的观点。 The right to rescind the contract means that the contract party has the right to rescind the contract under the law or the contract. The legal consequence of the rescission of the contract is the termination of the rights and obligations of the parties to the contract. And after the accomplishment of the right of cancellation, if the right of cancellation is not exercised in time, the right of cancellation shall be extinguished. At present, the problem of elimination of the contractual right of cancellation is not perfect in the Contract Law of our country, which leads to different understandings about whether the contract should be lifted by the referees when dealing with such disputes. Therefore, this article combines the case of rent contract dispute occurred in the arbitration practice with the stipulation of Article 95 of the Contract Law to discuss the system of canceling the contractual right of termination in our country, and put forward the author’s point of view.