Contract Law Can Foresee Rule Research

French professor at Pothier in its year of publication in 1761,"Debt Law" was first proposed debt negligent failure to perform,only to be taken into account in accordance with when contracting the damages and interests to bear responsibility for this as an initial expression rule foreseeable statements.After predictable rules on contract law through development,and finally formed a clear definition of the concept and application of the basic concepts of system.In China,the predictability of the rules of contract law as early as 1985 from the "Foreign Economic Contract Law"Article 19 began to establish,after the "Technology Contract Law" 1987 in Article 17,paragraph 2 Changes paragraph,until the "Contract Law" to determine the complete rule 113.Contract law predictable regulatory rules have become an important tool for the limit of the default damage compensation in these thirty years.However,there is a difficult situation in judicial practice.So it's a valuable topic to discuss that how to improve the situation of legislation andjudicial practice by studying the related theories.The author will use the research methods of comparative study,the history study and the cases study.Based on the status of the contract predictable rules,the author legislative intent from the reference abroad,considering local circumstances,present a detailed case to run the rule,make up the details of the principle ingredients under section 113,to improve the application of standards in more detail.This paper is divided into six parts.Chapter 1 will analyse the applicable conditions in China,from the frequency,the difficulty,the concepts and the legal basis.Chapter 2 is a comparative study,the authors selected a few more representative history and current status of national legislation in common law system and civil law system be predictability rule analysis to find the direction of predictable rules of contract development.Chapter 3 is the basis of Chapter 2 of the rule for the foreseeable make a summary,a detailed analysis predictable rules of the various constituent elements;The author will analyze from subject,subjective,the perception of time,standardsand the content of the rules,and analyze the differences in legislation in detail.Chapter 4 is the predictable rules apply in practice to make an analysis,respectively expounds the applicable characteristics under the circumstances of contracting negligence,avoidance of contract and compensation for non-pecuniary damage,and then the author will analyse the restrictions on the public advantages,the rule of benefit balance and the policy.Chapter 5 will include the suggestions of rules for the foreseeable legislation and judiciary.The legislation suggestion mainly from the situation for object subjective,the content,the standard and burden of proof;The judicial aspect,mainly from the aspects of judicial concept and quality.