Injuring The Type Of Study

As one of the most important problem of dualism system, Injuring performance is derived from Germany active infringement of creditor' s right. The controversy of Injuring performance has become more intense after the new "Contract Law" of China' s mainland has been implemented. In this paper, on the basis of combing the traditional theory, the author made some of new points about the concept, composing elements and typology of Injuring performance. Through the comparative studies of Germany active infringement of creditor' s right and Taiwan District' s improper performance, we should be paid on a clear direction and made the type of Injuring performance attempt. These try to put the classification of the basic point of view, such as the Injuring performance damage spirit and no damage to the spirit of the Injuring performance. As liability for breach of contract, the spirit of harm in Injuring performance should the issue of compensation, there is still much controversy and explore space, limited space, this paper does not start to do more, only provide a research perspective. In this paper, "typology" has been applied as main research method. "Typology" is an important method of research legal theory. In addition to the method of "typology" , this paper also the wider use of the comparison and historical approach. In addition to the Preamble and the Conclusion, this thesis has four parts.The first chapter introduces the concept of Injuring performance and some other related knowledge.Firstly, introduced the concept of the definition and its significance for the research and studies on Injuring performance typology. And then sort out the vertical Injuring performance concept of the history. Finally the study point to the direction of China' s Injuring performance concept of the status quo. Currently in China' s theoretical circles, Injuring performance theory of great controversy, there are three different points of view. On the basis of comparative analysis, the author has come up with some new argument to oppose and support the different points of view. The second chapter introduced the significance of the constitute elements of Injuring performance for its typology. And then this chapter introduced China's mainland legislation how to regulate the Injuring performance compositions. Finally, the four elements of Injuring performance composition were discussed. First, contact the actual legislation on Injuring performance theory in the status quo in China's mainland, from the legislative perspective, research the law foundation of Injuring performance, agreed that the provisions of Article 122 of the "Contract Law" can be used as the legislation support. Then introduced the four elements of composition, that is, the debtor has to act, perform acts incompatible with the nature of debt, against the interests of creditors and debtors of the inherent fault. Respectively, from the different perspective to analysis the four constitute of Injuring performance.ChapterⅢintroduced the typology status quo of Taiwan District's improper performance, cited some research results of a number of renowned scholars and gave some analysis comment of the author.The point of Mr. Shi Shangkuan about the typology research of improper performance is most comprehensive and thorough. Its can be said that Mr. Shi laid the foundation of this issue in Taiwan region. Mr. Mei zhongxie, with the German point of view of active infringement of creditor's right from the name to the classification are very similar, does not reflect Taiwan's localization characteristics. Mr. Zheng Yubo, his views published after amendments to the Civil Code of Taiwan region. It's the typical representative of improper performance in the Taiwan region. The different views were summarized and reviewed by the author.The fourth chapter introduced the research results of China's mainland.Because many China's mainland renowned jurists on the Injuring performance not been classified, so that the research of typology of Injuring performance seems to be less importance. According to Professor Li Yongjun' s the debt obligations group's request, this chapter lists and evaluates the typology of Injuring performance, and Liu Haiyi classification. Injuring performance also on the type of the views put forward by the author, such as whether to Injuring performance caused spirit damage as the standard, into "a spirit of the damage Injuring performance" and "no damage to the spirit of the Injuring performance"; To the type of debt obligations as the standard, divided into "as obligations of the Injuring performance "and "not as an obligation of Injuring performance"; Whether against third party's interest, into Injuring performance of against a third party's interests " and Injuring performance of not against the interests of the third person" and so on.