| The theory of efficient breach is an important point of the legal scholars of Anglo-American law. The legal scholars of Anglo-American law took efficiency from the field of economics to the contract law,what can offset the shortage of the Analysis method. Its proposal is if the earnings is more when people breach then performance,breach will realize the Benefit maximization.The theory of efficient breach do not only want to increased the income of the Default people,and compensate the other people,but olso want to realize the social'benefit maximization,and distribution the limited social resources most effectively. Drafts in the contract method in our country process, the introduction of efficient breach system's necessity also has discussed by the experts, but finally encountered the denial.The theory of efficient breach received identities the countries of Anglo-American law,but our country is not. The theory of efficient breach has its limitations,but olso has its advantage when compare with the the shortage of the Analysis method.We want to analysis this paper by it theoretical basis and constitute and classification,and pointed out that the Loss Paradigm and the Mitigation Paradigm could transfer the subject most effectively,could distribution the limited social resources most effectively,and could avoid the wast of the social resources.This is the efficient breach indeed.This paper analysis the theory of efficient breach based on scientific analysis of the rationality and limitation.I think that we couldn't have to accept all of its theory, but we can reference the advanced and benefit to improve and develop the theory of the responsibility of breach contract in our law. Event though the theory is yet not mature enough, but along with the development of practice and study deep-going, the theory must be more replenish and perfect. I hope that though the superficial analysis of me of the theory of efficient breach, I can provide reference to Contract law to make it better.
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