Studies On Contracting Fault Responsibility

Contracting fault responsibility is a contract law principle developed on the basis of criticism of the empirical contract law and specific practices. Since its establishment, it has been gradually accepted by national legislation and case law, balancing the interests between the contracting parties, protecting the relationship of trust between the parties, providing the contracting parties with safe contracting conditions, whose function can not replaced by breach of contract and tort liability systems. It will continue advancing with the development of the market economy.In order to further develop and improve China's contracting fault responsibility system, enrich the theoretical framework of contracting fault responsibility, this article had the theoretical definition of contracting fault responsibility, and briefly analyzed its properties, introduced various theories on contracting fault responsibility and commented them one by one, made a preliminary analysis of specific elements of the contracting fault responsibility. The section of the applicable range of the contracting fault responsibility made detailed analysis of specific application circumstances, and made specific views. This paper analyzed the principle of compensation in terms of contracting fault responsibility's legal consequences, and studied the compensation range of the inherent benefits and trust interests and listed competition with other civil legal relationships.Finally, through comparative study methods, this paper examined demerits of China's current Contract Law, studied contracting fault responsibility legislation of countries with different legal systems, and obtained an inspiration for China's improvement of legislation. This paper put forward to refer to the legislative framework of Greece, made clear the compensation range, made clear that the principle of contracting fault responsibility should prevail since it is scientific and rational, expanded the scope of the obligation of confidentiality, suggested to focus on a series of judicial practices.