On The Responsibility Of Contract Concluding Faults

The Contract Law of People's Republic of China (the contract law for short), issued in the year of 1999, and established our national disciplines on contract faults responsibility for the first time. The disciplines on contract faults responsibility compensate for the lack of the contract law on contract concluding faults and play an important role on success and security maintenance of the trade. However, in contrast to the relevant regulations of other countries, our national disciplines on contract faults responsibility are relatively generous and simple, having some difficulties in operation. With the increasing maturity of our open policy and fast development of national marketing economy, our national disciplines on contract faults responsibility cannot meet the increasing demands of disputes on contract concluding faults in judicial practices. The fundamental reason is the imperfection of this regulation itself. Therefore, it is necessary to perfect our national disciplines on contract faults responsibility. The writer does the analysis and research on the definition and theoretical foundation of disciplines on contract faults responsibility, the consisting parts of contract concluding faults, the damage compensations of disciplines on contract faults responsibility as well as the perfection of disciplines on contract faults responsibility.There are four parts in this article.The first part mainly discusses on the definition and theoretical foundation of disciplines on contract faults responsibility.By criticizing different opinions of many scholars on the concept of contract concluding responsibility and combining our national relevant prevailing contract laws, this article defines the contract concluding responsibility as: in the process of concluding contracts, the obliged damage compensation responsibility as the result of the loss of the supposed reasonable and trusty benefits to the relevant party due to the prior contract obligations resulted in violations on honesty and trusty disciplines of one party or both two parties.There are some relevance and obvious distinctions between contract faults responsibility and contract violation responsibility, contract faults responsibility and tort responsibility. The similarity between contract faults responsibility and contract violation responsibility is that both contract faults responsibility and contract violation responsibility belong to the compensating civil responsibility; the victim can obtain judicial relive through lawsuit; both are applicable to the principle of faults counteraction. The differences are: different purposes; different time of responsibility occurrence and foundation; different ways in taking responsibilities; different compensation range; different principles of responsibility belonging; different entity in taking responsibilities. The similarities between contract concluding responsibility and violation responsibility are: both are the legal consequences of civil law violation; the victim can obtain judicial relive through lawsuit. The differences are: different preconditions of responsibility occurrences; different natures of obligation violation; different ways in taking responsibilities: different compensation range: different reasons for responsibility exemption and different entity in taking responsibilities.There are different theories about the contract concluding responsibility. The main ones are: the Violation Behavior Theory, the Law Behavior Theory, the Law Regulation Theory and the Honesty and Trust Theory. The Violation Behavior Theory and the Law Behavior Theory confuse the contract concluding responsibility with the tort behavior and the violation behavior respectively. The Law Regulation Theory is too simple so as not to solve the problem of theoretical foundation in contract concluding responsibility. This article agrees with the idea of the Honesty and Trust Theory with the opinion that the theoretical foundation in contract concluding responsibility is the honesty and trust theory.The second part discusses the consi...