Study On The Proof And Calculation Standard Of Indemnity Forbreach Of Contract

According to article 584 of the first subdivision of the contract series,the obtainable interest in the civil code of our country refers to the benefits that can be expected to be obtained by both parties after signing the contract.Obtainable interest is generated after the performance of the contract.However,since the breach of the contract blocked the causal relationship,whether obtainable interest can be obtained has become the main point of contradiction between the two parties.Therefore,obtainable interest itself has a natural uncertainty and futureness.It is these characteristics of obtainable interest that lead to the very low winning rate of the party who claims obtainable interest compensation in practice.Although the law is limited by the foreseeability rule,the derogation rule,the profit and loss offsetting rule and the negligence offsetting rule,it still does not indicate the corresponding specific application method to the judge.Most of the cases were rejected for lack of evidence or the specific loss amount of the recoverable interest could not be calculated because of the special cases.The judge finally decided that the amount of the recoverable interest compensation was far lower than the amount of the compensation applied by the observant party with a relatively conservative and cautious attitude according to his own discretion.This paper tries to help the judicial practice out of the dilemma by analyzing the proof and calculation standard of the benefit compensation for breach of contract.In terms of the standard of proof,the standard of certainty is widely used in China’s judicial practice,which includes the loss of the certifiable interest and the specific amount of the loss of the certifiable interest.The adoption of the deterministic standard undoubtedly increases the burden of proof for the observant party and makes it difficult for the observant party to provide proof.In the second chapter,this paper puts forward a new standard of reasonable certainty.The reasonable certainty rule does not require to reach the degree of complete certainty,its core lies in the great possibility of occurrence,which can reduce the pressure of the non-breaching party to provide evidence and protect the trading system.In terms of the calculation of the specific amount of the obtainable interest,although the Guiding Opinions issued by the Supreme People’s Court in 2009 classified the obtainable interest and gave the calculation formula of the obtainable interest,there are still problems such as inability to calculate the specific amount of the obtainable interest in judicial practice for special cases.Although the cases have diversity and complexity,we can generally classify the types of cases and determine several standards for the calculation of recoverable interests.The author put forward in the third chapter to voluntary principle as the core to determine the standard of its operating profit,operating profit standard operating profit missing cases others as well as special cases,other profit standard,the standard and several restrictive rules of law applicable can effectively solve the problem of the calculation method of chaos,avoid different connection with the given situation.