| In the system of damages for breach of contract,compensation for available interests is an important part of it.At present,China’s "Contract Law" does not have a systematic and perfect regulation on the compensation of available interests.Although Article 113 of the Law provides The protection of available interests and the establishment of predictable rules,but the regulations are principled and guiding provisions,which are not operational for judicial practice.Although the Supreme People’s Court has listed several types of available benefits in the judicial guidance,and stipulated the basic calculation method of compensation for available benefits,in practical practice,it is not operable and cannot meet the increasing demands.Increasing available benefits compensation cases.This article examines the current situation of China’s available benefits compensation through sample cases,and concludes that China’s available benefits compensation has the problems of single determination rules,vague certification standards,narrow types of available benefits losses,and ambiguous calculation methods of available benefits compensation.,And by referring to the regulations on the recognition rules,certification standards,typification of available interest losses,and calculation methods in the system of compensation for available interests in countries outside the region,based on China’s national conditions,put forward suggestions for the improvement of problems in China’s available benefits compensation First,in the determination rules,perfect the predictability rules and establish certainty rules;second,in the proof standards,apply the reasonable certainty proof standard and the "different fact and amount" proof standard;third In terms of the categorization of available loss of interest,three types of available loss of benefits and their operating methods are proposed.Fourth,it is conceived that in addition to the agreed calculation method,the compensation for available benefits should also apply to alternative transaction methods,specific calculation methods,The abstract calculation method calculates the amount of available benefits compensation. |
