| As the central concern of the Contract law,it is beneficial to protect the loss of expectation benefits which can promote the trust between the parties and encourage people to sign contract.Although our country’s Contract law has made it clear that the loss of expectation benefits should be compensated,from the statistics of a large number of cases involving compensation losses,we can see that the proportion of compensation losses which can be obtained is not high.Because of this situation,which push me to do further explorations.First,this paper analyzes the related theory about the loss of expectation benefits,including the evolution of the concept,the historical evolution of the development,and several academic concepts about the loss of expectation benefits etc.,it lays the foundation for further exploring.At the same time,it compares and analyzes relevant concepts that are easily confused with the loss of expectation benefits in the Contract law,such as reliance interest,expectation interest,and restitution interest,discusses the characteristics and restriction rules of the loss of expectation benefits which can conducive to a comprehensive understanding about the benefits.Second,in-depth exploration of the status of domestic and foreign legislation on available benefits,and starting from the judicial practice,I found that the proportion of fully compensated about the collection of a large number of relevant cases in judicial practice is less,even China’s legislation clearly stipulated that the loss of benefits should be compensated.In view of this,there is still a "distance" between legislation and justice about the loss of expectation benefits,and it is necessary to analyze the reasons behind the cases.Third,whether the indemnifying Party can claim the loss of expectation benefits after termination of the contract is a highly controversial issue.There is no provision in our country’s legislation,nor is the result of the judicial practice uniform.Some courts believed that the loss of expectation benefits should not be compensated after the termination of the contract,others have the opposite view.Therefore,it is necessary to further explore.Finally,there are many difficulties about the loss of expectation benefits,such as hard quoting,the difficulty of calculation,the high standard of proof and the lack of operability of the predictability rules which we can combine with the beneficial experience in judicial practice,to reduce the standard of proof.According to the type of the loss of expectation benefits to set up the calculation standard,improve the calculation standard of available benefit loss after the termination of the contract,and improve the predictability rules at the same time to solve the problems about the loss of expectation benefits. |
