Analysis Of The Experiment Study

The issue of compensation for trading opportunity losses is one of the problems that has long plagued civil law,especially in the field of contract law and judicial practice.Trading opportunity refers to the objective state that contains the benefits of contract performance,and probability is one of the characteristics of trading opportunities,but it is not just an uncertain category in probability theory,but includes the parties to the contract to realize an exchange.The objective state of obtaining benefits.All the benefits that the parties to the contract can obtain based on the contract can be covered by the transaction opportunity,but the civil rights are not able to cover the different performance situations of the transaction opportunity at each stage of contract conclusion,establishment,entry into force and performance.When a party violates the principle of good faith and infringes the other party's trading opportunity,it is likely that it is not clear which civil right has been infringed,so the trading opportunity is necessary to be individually protected by law in the field of contract law.According to the validity of the contract,the contract parties search The infringement of trading opportunities may occur on various occasions such as contract not established,the contract established but not effective,and the contract has been in force;the composition of the liability for damages incurred by the trading opportunity must meet the four requirements of infringement,actual damage,causality and fault.Essentials,in our country in the current contract legal system,it is possible to find the basis for the right to claim damages for infringement of trading opportunities;for the amount of compensation,it should be further adjusted by the compensation rules such as foreseeable rules and derogation rules within the scope of the contract's performance benefits.In the above,the calculation will be based on the profit that the transaction may generate,and the profit of the other party's infringement of the trading opportunity will be integrated,and finally the discretion of the judge will be settled.This article is divided into five parts to expand the detailed discussion:The first part starts with the necessity of protection of trading opportunities,taking the transaction itself as an observation point of view,denying that the trading opportunity itself is a set of probabilities of probability size,and concludes that the trading opportunity is born with the transaction needs of the contract parties,because the contract parties trade The conclusion of the objective existence at the end.From this perspective,the civil legal significance of the transaction opportunity is that it includes the parties 'reasonable expectations for the benefits of the contract.The contract is the legal lock between the parties,and the completion of the contract immediately means that both parties There is a special legal relationship between the parties that is different from other general subjects.Based on the contractual relationship or trust in each other's commitments,the parties have reason to believe that the contractual obligations can be fulfilled and give up other arrangements for achieving the transaction goal.There is a cross-jurisprudential space between the trusting interests and the performance interests.If there is no guarantee for breach of contract,if the contract cannot be performed,then the interests lost by the parties are not only direct losses that can be compensated for by the traditional contractual fault.The second part of this article uses the legal evaluation sequence of the contract"establishment-effectiveness judgment-effectiveness" to examine one by one whether there is a possibility that the parties may infringe on the trading opportunity under different conditions such as the contract is not established,invalid,not effective and revocable.The abstract summarizes that the contract cannot be performed due to the behavior of one party before the contract comes into effect and the other party's trust in its performance commitment has reached a degree sufficient to exclude transactions with third parties from other parties.Judgment criteria:Taking the contractual fault liability as a model,it has shaped the four constituent elements of the liability for damage to trading opportunities:infringement,actual damage,fault and causality.In the third part of this article,through combing the typical jurisprudence of the Supreme People's Court,analyzing the judgment path and reasoning logic,and combining the provisions of the current contract legal system of our country with the trend of contract legislation in our national code,we can draw our country from the perspective of interpretation the current law is the conclusion that there is a basis for the right to claim damages for trading opportunities.The fourth part of this paper proposes that the boundary of compensation for trading opportunity damage is the performance benefit of the contract,and it is necessary to use the foreseeable rules,the derogation rules,the profit and loss balance,and the negligent balance rules to strictly grasp the scope of compensation.The above rules are used to avoid the aggravation of compensation for infringement of trading opportunities by the parties Unnecessary transaction burdens of civil subjects can achieve a balance between protecting fairness and promoting transactions,and can also balance the interests of the parties to the contract.This article finally takes the profit that the transaction can generate as the starting point,and proposes the calculation method of accounting as the standard of compensation.On the basis of fully considering the profit of the party that infringes the trading opportunity,the judge can freely determine the amount of compensation,so that the referee Guarantee its fairness.