Research On The Rules Of Compensation For Loss Of Profits From Breach Of Contract

In the current theoretical research and judicial practice of damages for breach of contract,compensation for loss of profits from breach of contract has become a hot and difficult issue of concern to all parties.However,China's “Contract Law” only stipulates in principle that the loss of available benefits should be compensated,and it does not form a supporting rule system that can be specifically applied in judicial practice,causing the judge to be indifferent or careless in the face of compensation for loss of profits due to default.Referees,the parties' claims for loss of profits are often not effectively supported.In the face of this situation,it is urgent to respond to relevant theories and conduct in-depth demonstration.This paper bases on the essential characteristics of the contract's available benefits,first to present the problem with a case,thereafter to use the procedures and entities as the path,and draws on the mature experience of domestic and foreign theoretical research,and explores the rules of applicability and operability to compensate for the loss of contracted profits,and providing a useful theoretical reference for judicial practice.This thesis can be divided into four parts:The first part is a basic legal analysis of the contractual profits.Firstly,it defines the basic connotation of contractual profits and compares the contractual profits with those of other contracts.It concludes that the contractual profits are a kind of property appreciation profits.Secondly,the intrinsic characteristics of the contractual profits are discussed in depth.The contractual profits are the expectation rights,opportunity profits,and value-added profits.Finally,the main manifestations of the profits of the contract are elaborated.They are profit loss,interest loss,and natural value added benefit loss of property,in the hope that people have a specific image of the contractual profits.The second part discusses the basis of the compensation for the loss of profits from breach of contract,and provides a solid basis and a greater necessity for the legal,economic,and social aspects to explain the compensation for loss of profits from breach of contract,so as to give sufficient legislative and judicial practice.To give due attention to legislation and judicial practice.The third part mainly discusses the procedural criteria for the compensation for the loss of profits from breach of contract.It mainly includes improving the allocation of burden of proof,expanding the scope of its effective evidence,and constructing its own standard of proof.This part is based on the basic features of future,relatively definite the loss of profits from breach of contract.It establishes a unique set of evidence verification rules for compensating for the loss of profits from breach of contract,with a view to effectively increasing its odds of winning.The fourth part mainly discusses the entity determination criteria for compensation for loss of profits from breach of contract.On the one hand,it systematically discusses the necessity of setting predictability rules,the elements of rules,and the applicable methods,etc.,and the criteria for judging the unified predictability rules.On the other hand,it introduces the calculation methods of contract calculation method,income reference method,balance method,discretionary method,etc.,and constructs a calculation method for the loss-of-benefit profits that can be practically applied in judicial practice.