The Research Of Breach Contract In The Perspective Of The Efficient Breach Theory

With the further development of the thought of economic law school,the theory of efficient breach has applied more widely,more and more domestic court no longer constrained by emphasize actual performance.Instead,more favor in the compensation of "contract law" withion the limitation.As being important and rooted in the west of the Anglo-American law system,the biggest characteristic of the theory of efficient breach is to make the analysis methods of economics and law analysis method combined,using the "cost-benefit" analysis method,makes the economics into the field of "contract law" and enrich the diversity of the default relief way.As the guidance of the theory of default,this analysis method has made up for the inadequacy of pure legal research,in the days of rapid economic development and resource shortage.Efficiency value,however,under the guidance of system of liability for breach,is not without flaws.Although in recent years,domestic scholars for the study of this theory has become increasingly mature,the ability of breaching contract efficiency,optimizing the allocation of resources,social resources saving has been indeed fully reflected,but our country is a statute law of continental law system countries,quoted the judicial practice by the western especially Anglo-American law system countries,it is hard to be endemic.Its emphasis on the efficiency of the supreme spirit in conformity with our traditional civil law principle of good faith,and damages the relief way and the "contract law" also runs counter to the actual performance of the system.By means of the rationality and limitations of the theory of efficient breach above analysis,this paper argues that,in today's era,under the perspective of efficient breach theory the rationality of the system of liability for breach of contract should be advocated,introducing the theory of efficient breach and the efficiency of system of liability for breach of the conditions are ripe,can be combined with the actual situation of our country "contract law",the use of legal interpretation method is introduced into the system.