A Study Of Efficient Breach

China's economic improving , especially after the 2008 financial crisis the rise of national power, produce the inevitable requirement that China's market economy should be more active, should have more comprehensive laws and regulations. China's "Contract Law", which stipulates the living cells of market economy - the contract, plays a huge role in the prosperity of market transactions and creating a canonical market. China is a country which combines the commercial law and civil law into one, and there is no independent Commercial Code. Therefore, our "contract law" carries the rules of civil law and commercial law. As emphasis of values of the two kinds of law are different, if measuring civil contracts and commercial contracts with the same scale, it will lead to some insoluble cases. For example, a number of judgments of cases in our country are not consistent with economic efficiency, not conducive to the market running, and same time are contrary to justice.Our judges have given such verdicts above when efficient breach cases occur, which are contrary to the social wealth maximizing and have not improved interests of their parties. The reason is that the efficient breach is not accepted in China's contract law. But with European and American countries'legal economists, led by the Posner, transforming the idea of efficiency to China, many scholars are slowly trying to change perspective, gradually accept and support the efficient breach. Whether the efficient breach can be introduced into our country and what way to achieve this? This is what the article wants to solve. To find the answer to this question, this article is divided into the following sections:First of all, the first part of the thesis analyses the China's "Contract Law" which contains the function to promote economic efficiency. Then it leads to the efficient breach problem through discussing the pursuit of law's value: efficient and justice; first chapter introduces the origin and development of efficient breach and focus on this concept having evoked the arguments in China; the second chapter is to prove the rationality that the efficient breach can be introduced into our country, to discuss whether the efficient breach violates the moral , the legal value of justice and the principle of good faith, and to build the local efficient breach model to try to apply it to our legal system; the Chapter III wants to find a right and good way to apply the efficient breach to China, and writer advocates using the methods of legal interpretation and combination of provision of "contract law" so that we can embed efficient breach system into our legal system. Final part is the conclusion that expresses the support for efficient breach being introduced to our country. And at the end author advises our juries to learn the law and economics in order to promote fairness and efficiency of case judgments.Based on the discussion of efficient breach this article wants to advocate our country's juries and scholars to attach importance to this concept, and same time they should pay attention to the method of legal interpretation used for foreign law and concept transplanting to our country.