Study On China's Contract Law Introducing An Efficient Breach System

The system of breach of efficiency is an important legal system that was proposed by the American School of Economic Analysis Law and widely recognized in the Anglo-American law system.The efficiency breach system has introduced the principle of efficiency from the economics field into the field of contract law.The “cost-benefit” economic analysis method has been used to evaluate the behavior of both parties of the contract.This not only compensates for the inadequacies of the simple legal analysis method,but also reflects the modern society's The measurement of efficiency in legal practice has important theoretical and practical significance.The implementation of the "Contract Law" in China has played a significant role in improving the rules of market transactions and ensuring the healthy development of the socialist market economy for many years.However,in China's "Contract Law," the liability for breach of contract is still mainly due to continued performance.The lack of certain flexibility in the process did not achieve the optimal allocation of social resources,resulting in a waste of social resources to some extent.This article tries to explain the value of the theory of efficiency breach based on the original theories and viewpoints of the efficiency default theory.Combining with the relevant theories of the Anglo-American legal system countries,and linking with China's actual national conditions,the rationality of the introduction of the efficiency breach system in the contract law of our country,Feasibility,and how to apply,etc.to discuss and put forward their own views.The full text consists of three parts:The first part is about the basic theoretical problems of the efficiency breach system.Briefly describe the concept,classification of efficiency breach,development history of efficiency breach theory,and comparative analysis of efficiency breach and other related systems.The second part is the rationality of introducing the system of breach of efficiency.First of all,it discusses that efficiency breach of contract does not have moral distress and does not violate the principle of good faith;secondly,it elaborates the institutional value of efficiency breach and intends to show that the introduction of efficiency breach theory is reasonable.Then point out the shortcomings in the current contract law of our country,and finally analyze the feasibility of our country's contract law to use efficiency breach theory.The third part is to discuss how to introduce the system of efficiency breach to realize the application of the contract law in our country.First of all,it introduces the specific practice of the theory of efficiency breach of contract in the Anglo-American legal system countries outside the domain,followed by the study of how China's contract law can learn from the efficiency breach system,improving the regulations of the contract law,the abuse of efficiency breach and defining the efficiency breach.The specific calculation of the amount of loss,etc.,to achieve the application of China's contract law,the application of efficiency breach of contract.