Defects And Perfection Of The Legal Rules For Compensation For Loss Of Profits Due To Breach Of Contract

Aiming at the protection of the compensation for the loss of benefits that can be obtained in breach of contract,China’s "Contract Law" Article 113 has formally established the "foreseeability rules".However,since the default benefits are a hypothetical,speculative future that can be obtained through the performance of the contract rather than the benefits that actually occur,it is inherently uncertain.In addition,the default benefits are easily affected by the level of operation and the market.The impact of many complex and volatile factors such as market conditions,so when the current judicial practice deals with the issue of compensation for the loss of benefits available for breach of contract,the "foreseeability rule" has not been widely applied.In contrast,the "determined" "Sexual rules" frequently appear as the basis for judgment.At the same time,the court did not give the higher degree of protection expected by Article 113 of the Contract Law to the benefits available for breach of contract,but instead showed a strict,cautious,and conservative attitude.Comparing the two,it can be seen that Article 113 of the Contract Law has not played its true role as entrusted by the legislator,and in a sense,there is a comparison between the legal rules on compensation for the loss of gains from breach of contract and judicial practice.Obviously disconnected.In order to further analyze the problems in the legal practice of the legal rules on compensation for loss of profit from breach of contract,the author intends to adopt a research method of empirical analysis of judicial data to collect and sort out the cases involving compensation for loss of profit from breach of contract in recent years.The results of the judgment,the reasons for the judgment,the amount of compensation and the calculation standard are sorted out and summarized.The conclusions are drawn that the focus of the dispute involving the compensation for the loss of profit due to breach of contract is mainly focused on: "is the foreseeable benefit of breach of contract foreseeable? "," Is there any certainty about the benefits available for breach of contract? " Through further analysis of the above-mentioned cases,it is found that in the current judicial practice when dealing with the compensation for the loss of benefits available for breach of contract,there are “difficulty in applying the standard of foreseeability rules”,“the standard of certification of benefits available for breach of contract is too high”,“confirmed "The amount of compensation for loss of profit for breach of contract is too low." From this,we can see that the current legal practice concerning the compensation for the loss of profit from breach of contract in current judicial practice includes: first,the rules of predictability are more general and rough;second,the standard of proof of loss of profit from breach of contract is too high;Third,the calculation rules for the compensation for the loss of gains from breach of contract are vague and unclear.Aiming at the problems in the current judicial practice regarding the legal rules on compensation for the loss of benefits that can be obtained by default,first of all,the "predictability rules" should be improved to clarify the parties’ information disclosure obligations,the content of the predictability rules,and the subjective consciousness of The impact of foreseeability rules;secondly,the standard of proof for loss of benefits available for breach of contract,the relaxation of judges’ free testimony,and the standard of distinction between implementation and amount should be appropriately reduced;finally,typed calculation standards and specific calculation methods should be established,The calculation standards include "owner’s operating profit","others’ operating profit standard","statutory operating profit standard","expert appraisal opinions" and "contractual standards".At the same time,the “Deduction Rule”,“Negligence Offset Rule” and “Profit and Loss Offset Rule” are applied flexibly to further adjust the amount of compensation for the loss of profit that can be obtained by default.