我国合同法吸纳大陆法系不安抗辩权规定的精华和英美法系预期违约制度的合理因素,结合我国实际情况,建立了有中国特色的不安抗辩权制度。本文依据合同法的有关规定,拟就不安抗辩权的法律性质与预期违约制度的差异及其适用问题进行探讨,以便有效地防止合同欺诈、保障交易安全。实现有序竞争的立法意图,也体现了我国合同制度与西方发达国家合同制度及国际商务合同贸易规则的接轨。 China’s contract law incorporates the essence of the unethical right of defense in the civil law system and the reasonable factor of the expected breach of contract system in the Anglo-American law system. Combined with China’s actual conditions, the system of insecurity in defense with Chinese characteristics has been established. Based on the relevant provisions of the Contract Law, this article intends to explore the differences between the legal nature of the unsafe right of defense and the expected system of default and its application in order to effectively prevent contract fraud and ensure the security of transactions. The legislative intent to achieve orderly competition also reflects the alignment between the contract system in our country and the contract system in western developed countries and the trade rules in international business contracts.