完善我国违约赔偿立法之我见

On Introspection and Improvement of the Legislation of Compensationfor Damage by Violating A Contract in China

违约损害赔偿是最重要、最常见的违约救济措施 ,统一《合同法》虽就违约损害赔偿进行了一定的完善 ,但在损害赔偿权利主体、损害赔偿范围的限制规则、损害赔偿的范围、损害赔偿数额的确定等方面 ,仍存在许多不足与缺陷。文章在对上述诸问题进行分析、检讨的基础之上 。

The compensation for damage by violating a contract is the most important and common succor way. Contract Law has made improvement to it, but there are still some defects in subject of right of obtaining compensation, the limiting rules of compensation, the limit to the compensation and the confirmation of the compensation amount. The thesis discusses these and gives its suggestions.