The Pilot Srudy Of The Efficient Breach

The efficient breach is one of the important contents of the English- American contract theory of the law, which is also a civil law theory developed unceasingly along with the immurement of the western economic analytical legal science .The economic analytical legal science researches and explains the contract act at the deep level. To them, the economic efficiency is not only the foundation of law but also the goal of which law serves for. The function of law is to help people make right choices of their behaviour.The standard of law is evaluated by the achievement of the economic efficiency. However, the efficient breach is to realize the personal goal, to reduce the deal cost and to optimize the allocation of social resources at maximum. The agreement of the contract law not only complies with such value pursuit but also becomes the theory of the contract law in the English -American legal system countries, which is also acknowledged and applied by the mainland legal system countries such as France, German and Japan. Our country has deeply explored and researched the efficient breach these years. In retrospect of the development of the efficient breach, the essay explores into its components, category, and the basis of the theory, the value and justice of the legal science. And it also puts forward some suggestions to the contract legislation and the judicial practice of our country.