Feasibility Study On The Theory Of Efficient Breach Of Contract And Suggestions On How To Develop Chinese Legal System

With further prosperity of China's economy,based on the characteristics of human nature theory in the field of contract law,the parties to the contract process,if the default interest is greater than the performance of the interests of the parties choose default to occur more frequently.In accordance with the tradition of China's civil law system,adhering to the contract must abide by,in some cases,if only the actual performance of the contract will cause serious waste of social resources,hindering the construction of China's resource-saving society.The core point of the efficiency breach theory is exactly in line with the idea of pareto optimal state and optimal allocation of resources,and it is a powerful tool to help China's existing legal system improve the contract law.This paper is divided into five parts.The first part asks questions.From the perspective of individual justice and optimal allocation of resources,some cases of breach of contract can replace actual performance with damages.However,the reality is that both judges and parties are faced with the problem of lack of legal basis.The second part is the conceptual interpretation of the efficiency breach theory.The theory of efficient breach of contract originates from Anglo-American law system.Although it is helpful to solve the problem of breach of contract in China,the soil on which it grows is quite different of it first.This part mainly analyzes the theory of efficiency breach from the perspectives of its origin,development,meaning and classification,and summarizes its theoretical essence.The third part examines the practical application of the theory of efficiency breach in the United States.It includes the analysis and evaluation of the application of the efficiency breach theory by some state courts in the United States.On the basis of summarizing overseas experience,it is concluded that efficiency breach has the value of introducing into China's legal system,but it needs to meet the restriction condition that "subjective breach is to optimize the allocation of resources,and objective breach can play a role in realizing the value of efficiency".The fourth part is the analysis of efficiency breach of contract theory in China's current situation.Mainly through the search of the past three years of efficiency breach words directly appear in the court judgment of the case,reflecting the application of the theory of efficiency breach of our country and the reasons.It is the biggest problem in the application of the theory of efficiency breach of contract in our country,which must be solved as soon as possible.The fifth part is the design of efficiency breach theory in our country.the current legislation on breach of contract and actual performance in China's contract law,this paper tries to find some breakthrough points for applying the theory of efficiency breach of contract into law.saving resources,part of contract law,should use the core of legal interpretation by applying the theory of efficient breach is conflict with the principle of good faith,will also be a spirit to regulate the behavior of the contract under the new situation,to perfect the purpose of the contract law and the theory of efficient breach into the law.