Analysis On The Compensation For Prospect Interest Of Breach Of Contract

The article 113 rd of China’s “contract law” has made it clear the “Prospect interest”into the scope of compensation system for the breach of contract.Prospect interest as an important property damage remedy is getting more and more attention.In practice, however,due to the imperfect laws and regulations, the judge,in the face of Prospect interest of its uncertainty, is particularly cautious and careful.As a result, Prospect interest of the compensation request is difficult to get support for the Court, resulting in wrongful convictions.In this paper,based on the law and practice,through the case,analysing the Prospect interest from different perspectives to solve the relevant problems.Article in the case of "Qing-wei Trading Company and Kai-yuan Petrochemical Company breach of contract dispute" as introduce.Through the first instance and the second trial in the course of claims and court in this case finds that the focus of this case is the dispute of “Prospect interest”for breach of contract,and thus expands the discussion of the text.This paper is divided into four parts. The first part mainly discusses the conception of the Prospect interest is “the contract of the creditor in full and proper performance of the contract, according to the transaction carried out in usual or in special circumstances, can be expected to obtain the value of the property value.Features of future, relative certainty,predictability and value added. At the same time, clarify the Prospect interest with Performance benefits,Expectation interest,Reliance interest, opportunity lost and some easy confused concepts.Through the practice of all kinds of interests in the case of the study, we found that the law of our country is more abstract, leading to the practice of the interests of the discretion of the judge, and the verdict was unable to follow the negative and cautious,leading to a rare appeal.Through the practice of all kinds of prospect interests in the case of the study, we found that the law of our country is more abstract, leading to the discretion of the judge full of freedom, and the verdict is negative and cautious without law, leading to a rare appeal.The second part emphatically introduces the can range of benefits of the compensation amount and the method to determine the agreement, statutory and discretionary as a methodto calculate the amount of compensation.In legal calculation method, the different factors which affect the subject, time, place and so on lead to different results. Therefore, it is suggested that a unified standard of calculation should be established to maintain the justice.The third part is to clarify the future and relative uncertainty of the prospect interest, if the scope of compensation is not limited, it is prone to excessive compensation.So it should be limited by the foreseeable rule, profit and loss balance rule and the rule of contributory negligence. in the maintenance of the observant party rights and interests and avoid the liability of compensation not necessary, as to the rights and obligations of both imbalance.The forth part explores the burden of proof and the standard of proof in the interests of the compensation.Through the study of foreign legislation and practice, the plaintiff should bear the burden of proof of the existence of the defendant, the existence of a breach of contract, and the causal relationship between them.The defendant shall bear the burden of not foreseeable loss, profit and loss balance, negligence case.The standard of proof, the author advocated a double standard of proof, reduce the burden of proof of the other party.The full text analyze the case with theoretical research,present the concrete solutions and suggestions to Legislation and judicial practice of our country.It is hoped that can be helpful to establishment and development of the system of prospect interest for breach of contract.