减损规则是一项从英美普通法发展而来的一项重要规则,已被世界绝大多数国家立法和判例接受和采纳。我国合同法中也吸纳了这一规则,并成为违约损害赔偿规则的重要组成部分。本文从减损规则的理论根基和司法适用两方面展开分析,通过对减损规则在司法实践过程中出现的困境与难题的总结,来推进这一重要规则在法律实务事务过程中发挥其应有的积极作用。 The derogation rule is an important rule developed from common law in the UK and the United States and has been accepted and adopted by most of the world’s national legislations and jurisprudence. China’s contract law also absorbed this rule and became an important part of the rules of damages for breach of contract. This article analyzes the theoretical foundation and the judicial application of derogation rules, and summarizes the dilemmas and problems that the derogation rules appear in the process of judicial practice to promote this important rule to play its due active in the legal practice affairs effect.