约因引入中国是否可行

约因制度是英美法系独特的法律制度,结合约因制度的内容,联系英美法系法律思维,约因制度引入中国将会遇到“水土不服”现象,即约因制度过于技术化、复杂化,无法抽象出一般原则;约因一定程度上否定了信赖利益的保护,同日益扩大的合同责任趋势相佐,从而否定了缔约过失责任;约因制度的特性使得我国法官不易掌握。在我国法律制度体系中已存在与约因制度内在的合理性内核相似的法律救济制度及规则,因此,约因制度引入我国实无必要。

Whether the Consideration Be Suitable If Its Introduced Into China

Consideration is one of the particular law system which will not be suitable if it is introduced to China due to the content and the way of think about consideration,that is,an abstract principle can not be drawn because of complex specialized of applicability.Consideration denies not only the protection for interest of trust in some way,but also the liability for contracting negligence,so it conflicts with gradually-expending liability of contract.It is difficult to apply for the judges in China due to its own features.There have been similar laws and rules in our law system,which have the same function as consideration,therefore it is unnecessary for China to set up the rules about consideration.