| As an important measure of the performance of the contract, the contractual liability means that any party to the contract should be liable for the damages or liquidated damages in case the contract cannot be performed or not be performed properly . There are two kinds of liabilities under the chapter six "civil liability" of the General Provisions of the Civil Law of the People's Republic of China, the contractual liability and tortous liability. The contractual liability is one of the most critical system of the contract law , as well as the important composition of the Chinese civil liability. The identification of the civil liability should be subject to certain principle of liability attribution. The attribution of the contractual liability refers to the legal principle that ascertain the contractual liability due to the certain legal reason for attributing liability. The attribution of liability should also lie on the judgement by the people whether the breaching party bear the responsibility or not . So the ascertainment of the criterion seems very important.The heated discussion has been made in the academic circles on the principle of liability attribution in tort rather than in the breach of contract. The principle of liability attribution plays a decisive role in the systems of contractual breach, for it determines the composition of the contractual liability, the content of the burden of adducing evidence and consequently the scope of the compensatory damages and the type of the contractual liability. It can be learned from the whole contract law that the principle of liability attribution furthers the achievement of the contract law in the following aspect---guaranteeing the debt performed timely and the damage filled up by the breaching party, which also results in the economic development. Consequently, the area mentioned above is worth to be studied as the summary of my three-year postgraduate course and rethinking of my ten-year judicial practice, although I know that my superficial knowledge is not equivalent to my ambition.That the principle of liability attribution was not paid much attention in the academic circles lies in the point held by the most majority of scholars that the sole principle of liability attribution is adopted by the two law systems, such as the faulty liability attribution under the Continental laws system and the strict liability attribution (or non-faulty liability attribution) under the Anglo-American laws. However, from the tendency of the development of contract law in the world especially the European and American countries, the variety of the deal , as well as the complex cause and result of the breach will not only lead to the plurality of the principle of liability attribution, but also make the two laws system reach unanimity in the effectiveness gradually. The newly-revised uniform Contract Law of China, ascertaining duet principle of liability attribution based on the essence of the two laws system, not only complied with the situation of the market economy of socialism with Chinese characteristic and the world trend of the development of civil and commercial laws, but also is more rational and practical. The foundational research on legislation lags far behind the promulgation of this law, lacking of the solid legal local resource. Therefore, the trace of eagering for quick success and instant benefit is explicit in the judicial practice.The research structure and measure of this thesis is : Chapter One, general, introduces the legislative basis of the principle of liability attribution; Chapter Two, comparative analysis, combs the principle of liability attribution under the two laws system; Chapter Three, examines the situation of principle of liability attribution under the Chinese contract law and makes self-question of its advantage and weakness, combining the development course of the Chinese contract law; Chapter Four ,analyses some issues related to the principle of liability attribution, such as "attribution of...
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