On The Liability Of Fault Contacting

China’s "Contract Law"(enacted in 1999),as a national Basic law,established a contracting negligence liability regime for the first time,which marks that our fault liability regime Contracting theory and legislation were upgraded to a new level.This not only provides a legal basis for the judge in the trial practice for our country to better use of the fault liability, but also reflects our legal system has got line with the world of law and drew a lesson from the mature and advanced system of other countries and regions which is of far-reaching and great significance. However, compared with the relevant provisions of other countries and the development of judicial precedent, the system is still too simple and lack of interoperability, causing the existing legislation can not better solve disputes appearing in contracting phase during the judicial practice. Therefore, when the parties enter the contract stage, the law shall adjust the behavior in more detail and the interests of the urgent need more comprehension and protection.Theories in domestic, few treat fault liability as a legal system to carry out a comprehensive and in-depth research on fault liability for claims based on the scope, limits and other civil liability principles issues such as the lack of substantive difference between the depth and persistence, just as treating the Breach of contract. Light of the above problems, the author conducted a comprehensive study of the contracting negligence liability regime and put forward some tentative thinking and shallow views.Based on the descriptions of the claims fault liability, this paper focuses on the protection of objects, the principle of limiting the scope of compensation and the contracting negligence liability when the contract does not hold, invalid or revoked. On this basis, the paper analyses the deficiency of provisions the system of the current legislation and proposed the perfect proposal on legislation. Except "Introduction" and "Conclusion", the article is divided into four parts.The first part centers on the basis of the right to request fault liability. About the basis, there are mainly violations, legal action theory, the law says and Faith theory. The paper has mainly combed various theories and compares and analyses them. The author concludes with fault liability for claims basing on the principle of good faith, which provides a theoretical basis for the following range of fault liability compensation.The second part focuses on the compensation range of fault liability. In the first section, the paper analyses the object of fault liability protection. Respectively from several viewpoints about the protection of the interests protected by the contract law. the interests of fault liability and whether the inherent interest should be included in the protection fault liability scope and other aspects among the two legal systems, namely the interests range of the protection. About these interests, the main theories are performance benefits, reliance interests, the interests of the trust and the combination of inherent interest. Based on these theories, the article puts forward the interests of the trust interests and the inherent fault of the contracting responsibility is the protection interests of fault liability.However, whether the inherent interest can be as an independent interest protected has also been analyzed in detail in this section. This establishes the scope of the following study. In the section II, the paper respectively analyzes the compensation limit of fault liability from the definition of trust benefit and harm, the application of the principle of fault liability and other aspects, and it points out the principles in the application of the system should be paid attention to. We can see the definition of clear reliance interest from this section. The paper also points out that the interests of the trust should include direct and indirect losses, but not non-property damage; the compensation for the damage of trust interests should be limited by the performance benefits. In this section we can find the following points:the application of the principle of reasonable impairment, the principle of profit and loss balance and the principle of contributory negligence. This provides a theoretical basis for the following study. In the Section III, the author analyzes Contracting negligence liability when the contract is not formed, invalid or revoked.It respectively analyzes the liability form among them, the scope and determining factors of the impacts, which set a good foundation for protecting the relief with the failed case.The third part is about the signatory of the existing law negligence liability. Combined with the problems mentioned above, the author summarizes our current law negligence liability on the scope of contracting requirements.The first section focuses on the reasonableness of existing law and inadequacies, combining with a general practice. In SectionⅡ, the author mainly discusses the main fault of the parties in the judicial practice of liability should pay attention to several issues of identification in reasonable reliance, analyzes specific issues and that identify opportunities to undermine should be carefully conducted according to the principle of reasonable compensation.The fourth part is about the improvement of contracting fault liability in China. The author analyzes the scope of the compensation provisions of Contract Negligence should be cleared and perfected from the improvement of the compensation scope, the principle of fault liability for compensation, attaching importance to the compensation for the trust interest damages in the terminated contract and clearly defining principles and the sharing of the burden of proof in five areas. Meanwhile, the author puts forward proposals to further improve the current situation.