Contract Law To Draw The Efficiency Of The Breach Of Contract Theory Research

Efficient breach is the economic analysis, a new theory, it will introduce efficiency from economics into the contract, to make up for the deficiency of legal analysis method, efficient breach has certain theoretical and practical significance. Chinese scholars take attention to efficient breach of contract, and efficient breach was mentioned in various works , but some do not understand deeply, some believed that such a system was not entirely rational, and some scholars did not fully understand this preoccupation. The contract law of our country has been implemented for 11 years, perfect market trading rules, and ensure the healthy development of socialist market economy, it has played an important role in the contract law, however, because no introduction of analysis method is efficient breach, contract execution, also does not have flexibility caused social resource waste, it did not reach the social resources allocation. This article is intended to understand the original views of the theory and on the basis of foreign related theory, the situation of China, China's contract for the breach absorb the feasibility and efficiency of rationality and how to apply are discussed, put forward their views.The article contains three parts:The first part is the basic theory of efficient breach. Article briefly discusses efficient breach of evolution theory and the latest development, the concept and characteristics of efficient breach, the classification and efficient breach and other related system is analyzed.The second part is the theoretical basis and efficient breach evaluation theory. Firstly discusses efficiency with disapprobation defaults, moral responsibility of breach of contract damages with compensatory and remedy for the primary purpose, that try to explain efficient breach development rationality, Secondly efficient breach is very valuable by evaluating theory of efficient breach. Also pointed out efficient breach has certain limitations.The third part is that China's contract should learn the efficient breach. First learning efficient breach to our contract is theoretical feasibility. Point out the deficiency of China's contract, Next our contract is how to learn efficient breach system for specific problems, through perfecting the contract law, we should limit the abuse of efficient breach and concrete computational efficient breach loss amount, perfecting the application of contract law.