Front.Law China (2006)1:121-152 D0I10.1007/s11463-005-0002-1 RESEARCH ARTICLE HAN Shiyuan Liabilities in Contract Law of China:Their Mechanism and Points in Dispute C Higher Education Press and Springer-Verlag 2006 Abstract:China is drafting its first Civil Code now,and the Chinese laws have seen an expansion of contractual obligations and a new structure of contractual liabilities.This paper expounds this trend through the perspective of contract liabilities.It mainly analyses the anticipatory breach,the enforced performance,damages,payments stipulated by the contract, the statutory rights to termination,the unification of guarantee liabilities for defects and liabilities for breach of contract,and makes the conclusion that China Contract Law CCL will be put into the future Chinese Civil Code,with some necessary technical changes and amendments. Keywords:Liabilities,Contract Law of China,damage,enforcement Introduction The main civil legislation in China The main part of the legal system of P.R.China is formulated during 1980s and 1990s. Though there is still no formal civil code of P.R.China,the main parts of civil law have been in existence in China,and they include: 1.General Principles of the Civil Law (Adopted on 12 April 1986,and effective as of 1 January 1987;here after GPCL); 2.Law of Guaranty (Adopted on 30 June 1995,and effective as of 1 October 1995); 3.Law of Contract (Adopted on 15 March 1999,and effective as of 1 October 1999;here after CCL); 4.Law of Marriage (Adopted on 10 September 1980,and amended on 28 April 2001); 5.Law of Adoption(Adopted on 29 December 1991); 6.Law of Succession (Adopted on 10 April 1985). Besides,there are a lot of Acts by the State Department of P.R.China and Judicial Interpretations by the Supreme Court of P.R.China. HAN Shiyuan(✉) Law School,Tsinghua University,China E-mail:lawhsy@mail.tsinghua.edu.cnDOI 10.1007/s11463-005-0002-1 RESEARCH ARTICLE HAN Shiyuan Liabilities in Contract Law of China: Their Mechanism and Points in Dispute # Higher Education Press and Springer-Verlag 2006 Abstract: China is drafting its first Civil Code now, and the Chinese laws have seen an expansion of contractual obligations and a new structure of contractual liabilities. This paper expounds this trend through the perspective of contract liabilities. It mainly analyses the anticipatory breach, the enforced performance, damages, payments stipulated by the contract, the statutory rights to termination, the unification of guarantee liabilities for defects and liabilities for breach of contract, and makes the conclusion that China Contract Law CCL will be put into the future Chinese Civil Code, with some necessary technical changes and amendments. Keywords: Liabilities, Contract Law of China, damage, enforcement Introduction The main civil legislation in China The main part of the legal system of P.R. China is formulated during 1980s and 1990s. Though there is still no formal civil code of P.R. China, the main parts of civil law have been in existence in China, and they include: 1. General Principles of the Civil Law (Adopted on 12 April 1986, and effective as of 1 January 1987; here after GPCL); 2. Law of Guaranty (Adopted on 30 June 1995, and effective as of 1 October 1995); 3. Law of Contract (Adopted on 15 March 1999, and effective as of 1 October 1999; here after CCL); 4. Law of Marriage (Adopted on 10 September 1980, and amended on 28 April 2001); 5. Law of Adoption (Adopted on 29 December 1991); 6. Law of Succession (Adopted on 10 April 1985). Besides, there are a lot of Acts by the State Department of P.R. China and Judicial Interpretations by the Supreme Court of P.R. China. HAN Shiyuan ()) Law School, Tsinghua University, China E-mail: lawhsy@mail.tsinghua.edu.cn Front. Law China (2006) 1: 121–152