Study On The Forms Of Breach Of The Civil Engineering Cost Consulting Contract

The emergence of the civil engineering consulting contract is considered to be a certain phenomenon, which depends on the contemporary economic principle and its mechanism. The building industry, as the national pillar industry, plays a self-evidently important role in the national economy. The absence of the regulation of the consulting contract will have bad effect on this industry. To analyze the consulting activity in the legal view,and to apply the law to the issue of forms of breach and their damage, are the motive of this article-writing.To analyze the issue of the forms of breach,the background of consulting contract,the conversion of the contract party and its status are discussed first. Consulting contract is an inevitable phenomenon under the market-oriented system and the emergence of the citizen-society. The conversion of the contract party consists in the reform of both economic mechanism and society. That the consulting company appears as a social medium is a concrete form of this change. We can conclude that, the consulting company, other than a government administrative party which can rule the other, is equivalent to the other party.Consulting contract, as a kind of contract, own its special characteristics apart from general qualities. To analyze the forms of breach properly, one must grasp the special characteristics. These are discussed in three aspects: the non-definite object matter of the contract, the abstract test of the object, the hugeness and the generalization of the object. Compared to the deputy, a conclusion that the consulting contract is actually a kind of contract-for-work, is drown, and this is the logical foundation of analyzing the forms of breach. Meanwhile, the right and the obligation of the contract are summarized and compared to the power and duty of the consulting company as the judicial appraisal and administrative trustee.The form of breach is a kind of classification about the breach behavior, including the form of Culpain Contrahendo. After revealing the causes of the breach, the author lists six kinds of breach forms, including the criminal form, their appearances according to the contract law, and analyses the reason respectively. For the Injuring Pacare, particularly, forms of material fault and light fault are described in the view of care of duty, and three kinds of it and their practical appearances are analyzed also.The Injuring Pacare, which takes places most often and affects the object greatest, is discussed as to its attribute and component parts. The fault liability principle, other than strict liability principle, by which to attribute liability is established. The author reasons the necessity of applying the objective fault standard to this breach. That is, the destination to find the breach fact can only be realized by the standard of the violation of the care of duty.Since the criminal liability arising from the breach is subjective, so it is discussed in this article either, this will perfect the system of the breach forms and will be utilized as reference material.