The Research Of Contracting Negligence Systematic

With the development of the Market economy and the daily dealings between the frequent, in both parties began to contract concluded activities, the contract with the relevant consultation etc, mean contact at this stage often appear that the other party damaged because of one party not abide by the honest principle and against pre-contractual obligation. The contracting negligence theory is based on the interests of the other party who due to the contracting negligence activities of one party.In the early Roman law has confirmed the buying and selling of the litigation system, but really reflect somewhat improve and become systematic through German scholar and jurist Jhering Through by Jhering's discussion of theory of contracting negligence and expounds the concrete concepts, contracting negligence systematic in Germany domestic legislation, as well as to Greece, Italy, Taiwan, and other countries and regions have a civil legislation of the deep impact. Contracting negligence systematic in our country's legislation, also reflected long ago, whether " the Law of people's republic of China on economic contractsinvolving foreign interest", or later in "General principles of the civil law of people's republic of China ", but really could be seen as an establishment of the systematic of unified through the contract law was enacted. "Contract law" the Article 42 and Article 43 expounded the system misfeasance of type, clear misfeasance applicable scope of conclusion of the contract, confirm the commercial secrets of the course to protect, and to the parties concluded stage in the contract for the pre-contractual obligations played constraint role keep, and in the market economy created during the process of good business ethics whose plays a very important role.However, our current systematic on contracting negligence is not perfect, first of all, the contracting negligence systematic is a basic systematic of contractual relations, but because of negligence arising from debt contracting relationship, not in the traditional sense of the contractual relationship, and the relationship that should be generated as a cause of debt, debt law, should be included in the basic system; Secondly, there is negligence on the scope of compensation in currently,most people have a misconception that the contracting negligence commitment only established in the contract caused by the relative absence of a loss of trust in the interests of people, but in the contract if the contract concluded after the establishment phase, if there exists a party acts contrary to the honest principle, the resulting loss, as long as the counterpart to claim its contracting negligence, should be identified; Finally, the liability type 1, not further defined, an "other acts contrary to the honest principle " is to summarize all the negligence of the other acts on contracting which are open to question.Therefore, based on the existing theory of the contracting negligence and the judicial practice in the specific problems faced, in the negligence liability system, legislation, response and fault liability regime accordingly the relevant provisions of the improvement, which should clear fault liability The concept of a clear scope of fault liability, clear fault liability compensation...