【摘要】 违约方起诉解除合同规则的适用范围是一些长期性房屋租赁合同中存在合同僵局的情形，该规则不能类推适用于一时性合同。该规则的适用要件包括违约方和守约方两方面的要件，即违约方主观上不存在违约之故意，客观上继续履行对其显失公平；守约方不解除合同有违诚信原则。该规则的适用效果包括两个方面，一是合同解除，二是违约责任。损害赔偿额的确定，应当类比守约方于此时基于法定解除权而能主张的违约损害赔偿。更多还原

【Abstract】 The scope of application of the rule is the deadlock in some long-term housing lease contracts, which can not be applied to temporary contracts by analogy. The applicable elements of the rule include the breaching party and the observant party: the breaching party has no intention to breach the contract subjectively, and it is unfair for the breaching party to continue to perform objectively; It is against the principle of good faith that the observant party does not terminate the contract. The application effect of the rule includes two aspects, one is the termination of the contract, the other is the liability for breach of contract. The determination of the amount of damages should be similar to the breach of contract damages that the observant party can claim based on the legal right of rescission.更多还原