Study On Contract Damages Compensation To Expectation Interest In China

Breach of contract damages has always been the core of contract law research,but how to compensate and how much is the scope of compensation,has been hot topics and difficult questions in both theory and judicial practice.The purpose of the compensation for breach of contract is to realize the protection of the anticipated interests,and also the remedy for the damage of the expected benefits.The author tries to study the dilemma of default damages from the perspective of expectation of interest damage compensation,and discusses the problems of compensation for damages of interest in our country from the empirical research of judicial case.At present,the academic circles in our country are still in dispute about the expectation interest.The author first analyzes and combs the theory of expectation of interest damage compensation,and thinks that China’s legislation has already recognized the compensation of expectation interest.On this basis,the paper tries to construct the general constitution of damage compensation to expectation interest.Meanwhile its constitution is around the damage compensation rules to expectation interest,and finally implemented to the calculation of damages.At the same time,how to fill the damage of expectation interest has always been a special issue of judicial practice.Although our country’s legislation has built the three rules on the damage compensation to expectation interest,but the reality situation of how it works,the academic community has discussed very little.Based on the research of judicial cases,the author summarized the current problems in the compensation rules:on the certainty characteristics of expectation interest,the judiciary grasp the degree of over strictness;on the predictability rules,the legislation is slightly crude;and on rule of Mitigation,the confusion among the close concepts causes.These are the issues which we have to face.The core of this thesis to study is based on the above problems.In addition to the introduction,this paper is divided into four parts: The first part: The author from the expectation of interest damage compensation theory of the legal analysis of the expectations of the concept of the interests of its liability for compensation and compensation rules,calculation methods to explore the clear expectations of interest Relevant theoretical issues of damages.The second part: Through the analysis of the status quo of the legislation and the current situation of the judicial situation,it is concluded that the judicial interest on the interests of the pros and cons of the expectation of the interests of the current interests of the compensation is too strict,the predictability rules,Of the confusion,and further analysis of the relevant issues.The third part: the second part of the relevant issues related to the study of extraterritorial related systems,found that foreign countries in the relevant system of legislation and judicature are gradually close to the interests of the interests of the more inclined to pay the interests of the protection And on this basis,combined with China’s rule of law environment for reference to the overall thinking.Part IV: Answers to the second part of the question.Combined with the legislative and judicial experience of foreign countries,put forward the corresponding legislative proposals and suggestions for improving the supporting system.