| As a basic system in the civil legal system,the contractual negligence system is very frequent in my country’s legal system.The establishment of this system is relatively late in my country.Before the Civil Code was officially promulgated,the system stipulated in the "Contract Law" in my country.Article43 and 58 of Article 58 make relevant provisions.In addition,Article 157 of the General Principles of the Civil Law of 2017 also made some statements on the application of this system.In 2021,Article 500 of the "People’s Republic of China" stipulates the system,but from beginning to end,my country’s law is not perfect for the system construction of the contract responsibility system for contractual negligence.The law is only a general provisions of it.It is limited to several types that should be compensated when they cause losses to the other party,but they have not expressed the scope of compensation.Based on this situation,cases related to the responsibility of endless contractual negligence in the middle of real life have different standards and different judgments in the same case.It is even more important to analyze the above problems with the theory and practice.In addition to the introduction and conclusion,this article is divided into four chapters to discuss.The first chapter uses different cases of three groups of judgments to propose the problems of inconsistent results in the actual judgments of various local courts,and the focus of the problem is summarized by the analysis of each group;The second chapter introduces the meaning of the responsibility of contractual negligence,including the concept,constituent elements,and nature of the responsibility of contractual negligence,and provide the theoretical basis for the research of the following.The third chapter will analyze the scope of compensation for the liability of contractual negligence from two aspects.First of all,the theoretical disputes of the current academic circles on the scope of liability for negligence in the academic community are listed.Secondly,this article is proposed in conjunction with the current theoretical disputes.Chapter 4 The scope of compensation for the responsibility for negligence in accordance with the aforementioned point of view is proposed.At the same time,in order to make the scope of compensation more simple and efficient,this part has also proposed four reference principles of dividing the responsibility of contractual negligence.And through analysis of the impact on the scope of damages of the liability for negligence in different factors,the final division of the specific compensation scope of the responsibility for negligence of the contract is proposed.Scope of damage compensation. |
