Explorations On System Of Contracting Fault Liability

This paper takes the establishment and development of fault liability system in foreign countries as a starting point, it uses historical and social survey methods, then analyses the fault liability and the legislative status of it in our country. This paper contains four chapters:The first chapter introduces the start-up and development of fault liability system, so-called "For road, we must first learn its history", this chapter begins with fault liability in Roman law of the mankind . Then throughout the continent, British and American, the two different legal systems legislation begins,the fault liability system develops, it also compares the fault liability system in China.The second chapter tells the differences between the fault liability and other forms of liability,it analyses the roles and values of fault liability in the civil liability system then.it begins with a complete and systematic point of the Civil Code and proposes how to deal with treaty fault.Third chapter points out the shortage of fault liability legislation and judicial practice. there are two kinds of fault liability misunderstanding, resulting in failure of specific cases in the application of fault liability .The fourth chapter points out theabove analysis, then tells how to improve the fault liability legislationin our country.This will help to solve social problems for our new civil code; to facilitate the formulation of china's legal system. This will help to solve social freshmen problems; conducive to establish China Civil Code; and will facilitate the formulation of China's legal system.