A Study On The System Of Compulsory Performance In China 's Contract Law

China’s contract law has been officially put into effect for fifteen years.Referring to the establishment of liability for breach of contract in our contract law,the damage compensation was made as the only principle and forced actualperformance should be selected in exceptions. The reason for doing this is based onthe considerations on open degree of market economic, trade efficiency and theconvenience of execution for court. But the damage compensation alone is notsufficient in all conditions. When damage compensation cannot remedy “fully",specific performance must be used as a supplement, these include: the sale forspecific goods, the contract contains special purpose, damages difficult to thecalculation etc.However, With the complexity of trading form and trading content, thetraditional way of breach of contract suffered new challenges, especially in the usesome compulsory measures to promote actual performance, how to limit theseinterference in human behavior and resolve these conflict with other legal systems.This paper obtain that the ideal design of breach of contract responsibility systemshould include the compensation for the non-defaulting party’s interests, thesanctions against the defaulting party, the maintenance of the market transactionsecurity, the encouragement for reasonable competition, the strengthening of the rolefor morality and so on. As a traditional way of breach of contract, the Forced actualperformance has special advantages in various aspects, such as ensuring thatcreditors should be given the rights under the contract, compensating for the loss inthe damage calculation when observant difficult happened, enhancing binding bonds,guaranteeing that the contract can be achieved and responding to market mutated.