On The Continued Performance Of Article 107 Of The Contract Law

China is now in the primary stage of the socialist market economy. In the process of commodity trading, the State encourages and supports the parties to maximize the benefits as the principle, realize the self value and social value. In order to maximize the benefits of the parties, the parties often seek high interest at the expense of the breach of contract. In this situation, it is very controversial that whether the contract can be applied in the judicial practice. Due to the legislation and the legislative background, the new "contract law" to continue to fulfill the rule still exist legal status, implementation standards, and application in the preservation of the proceedings or the attachment, the bankruptcy law application problems of deficiencies, this paper intends to through absorb and draw lessons from the nations and justice and international commercial field prevailing international conventions and international practice to continue to fulfill the system requirements, to further improve to continue the performance of the system.The first part of the article is to continue to perform the rules. In civil law countries, continue to perform is the primary means of relief, in the Anglo American legal system countries, are complementary to the way; the influence of traditional culture and legislative ideas, will continue to fulfill the principle of such a position, is a major feature of our country's contract law. In anticipatory breach of contract, continue to perform only the observant party choice, not the party in breach responsibility form; in case of actual breach, we should further develop the relevant judicial interpretations, to coordinate to perform conflict with the rule of mitigation, continue to perform the rules of applicable scope limits. Continue to fulfill the rules not only its own elements, in the case of a certain amount of restrictions on the application.In the second part of the article, the article discusses the problem of the continuing performance of the litigation preservation and seizure. The contract should be valid when the property is sold again in the case of litigation, but only as a barrier to the right of claim of the buyer's right to continue to meet the requirements of the property right. In the introduction of the "Supreme People's Court on the people's court in the seizure, seizure, freezing of property provisions," the seventeenth provisions of the basis, the article discusses the subject of different types of contracts subject to the preservation of the proceedings, the buyer to continue to perform the processing rules and methods.The third part of the article analyzes the implementation of the contract. To study whether this kind of judgment has the compulsory execution, the execution of the contents of the explanation mechanism and rules, the implementation of the guiding principles and alternative performance issues.The fourth part discusses the implementation of the bankruptcy law. In the case of bankruptcy, the manager decides whether to continue to perform, and should adhere to the two principles, namely, the maximization of the interests of the creditors of bankruptcy, and encourage trade, taking into account the public interest criteria. Once the decision to continue to perform, the management can meet the conditions or terms, or increase or decrease, change the terms of the contract. The author puts forward some suggestions for the realization of fair and efficiency, should be the right to choose the right to expand the management of the contract, the manager has the right to change. And discusses the procedure of bankruptcy reorganization, the scope of the management of the rights and the scope of the relative person, and the difference and connection between the management and the continued operation and the continued operation.