An Empirical Study On The Compensation System For Indirect Losses From Breach Of Contract In My Country

Breach of contract damages has always been the core of contract law research,but the way and scope of compensation has been hot topics and difficult questions in both theory and judicial practice.The author therefore tries to study the dilemma of default damages from the perspective of indirect losses compensation,and discusses the problems of compensation for damages in our country from the empirical research of judicial case.At present,the academic circles in our country are still in dispute about the indirect losses.The author first analyzes and combs the theory of indirect losses damage compensation,and thinks that China's legislation has already recognized the compensation of indirect losses.On this basis,the paper tries to construct the general constitution of damage compensation to indirect losses.Meanwhile its constitution is around the damage compensation rules to indirect losses,and finally implemented to the calculation of damages.At the same time,how to fill the damage of indirect losses has always been a special issue of judicial practice.Although our country's legislation has built the three rules on the damage compensation to indirect losse's,but the reality situation of how it works,the academic community has discussed very little.Based on the research of judicial cases,the author summarized the current problems in the compensation rules:on the certainty characteristics of indirect losses,the judiciary grasp the standard of over strictness;on the rule of predictability,the legislation is slightly macroscopic and crude;and on rule of mitigation,the confusion among the close concepts causes.The core of this thesis to study is based on the above problems.This paper includes introduction and text.The text including four parts.The first part:the author from indirect losses compensation theory of the legal analysis of the indirect losses of the concept of the interests of its liability for compensation and compensation rules,calculation methods to explore the clear indirect losses relevant theoretical issues of damages.The second part:through the analysis of the status quo of the legislation and the current situation of the judicial situation,it is concluded that the judicial interest on the interests of the pros and cons of the indirect losses of the current interests of the compensation is too strict,the predictability rules,of the confusion,and further analysis of the relevant issues.The third part:on base of the second part of the relevant issues related to the study of extraterritorial related systems,found that foreign countries in the relevant system of legislation and judicature are gradually close to the interests of the interests of the more inclined to pay the interests of the protection.and on this basis,combined with China's rule of law environment for reference to the overall thinking.The fourth Part:answers the question of above second part compared legislative and judicial experience of foreign countries,put forward the corresponding legislative proposals and suggestions for improving the supporting system.