Defects And Proposals Of The Institution Of Attainable Interest Of China

In 1985, the Chinese Foreign Economic Contract Law has already stipulated some clause that attainable interest in breach of contract should be compensated, in 1999,the Chinese Contract Law has stipulated that as well. Then, the Opinions on Several Issue Concerning the Current Situation of the Trial of Contract Dispute Cases in 2009 and the interpretation on Law of Trial of Sales Contract in 2012, both enacted by Supreme People’s Court, stipulated the details of attainable interest in breach of contract. Although the stipulation of compensation of attainable interest is more and more complete, the promotion room of the institution both in theory and practice is large.At same time, through the research the attainable interest cases in our country from 2006 to 2015, we can find that the quantity and of cases for attainable interest is increasing, and more cases of attainable interest are supported by the Court. But we can also find that the regulation used by different court in trial of attainable interest cases is different. Because of that, my paper research the differences of trial regulation, and then summarize the defect of the institution of attainable interest compensation in our country.For the defect of the institution of attainable interest compensation in our country, this paper provides several proposal on the basis of my research and the reasonable conclusion of the theory and trial practice. Although so much controversy exists in the different theories of attainable interest, the theory of attainable interest is clarifying. Beside of that, we can provide enough theory to our institution of attainable interest compensation with the relative theories of foreign countries. Besides, abundant relative cases been reasonable tried are enough to provide reference to our research of institution of attainable interest compensation in our country.The principle line of this paper is the current situation of our institution of attainable interest compensation in legislation and trial, and the paper summarize the defect of the institution and propose corresponding measure of perfection through this principle line. The paper divides into four chapters, the summary of every chapter as follow:The foremost chapter is the analysis of attainable interest’s conception, in this chapter, the paper mainly analyzes the conception of attainable interest in our country, and clarifies this conception by comparing with that of foreign countries in two law system.The junior chapter is the current situation of our institution of attainable interest compensation. In this part, the paper expounds the current legislation situation of the institution and analyzes the data of attainable interest compensation cases from 2006 on. This chapter provide precondition for research defect of our institution of attainable interest compensation.The third chapter is the defect of our institution of attainable interest compensation. This chapter mainly analyze the defect of the institution on the basis of situation of legislation and trial practice, and compare the detail of the institution with foreign countries.The final chapter is the proposal to institution of attainable interest compensation. For the sake of perfecting our institution of attainable interest compensation, the paper raise suggestion of legislation and trial by comparing foreign relative institution and referring to reasonable cases in trial practice.