Solution Of Sub-contractual Obligations Attendant

"Bulletin of the Supreme People's Court" started publication by the Supreme People's Court in 1985, it's authoritative literature to publish the cases. After research of the typical contracts and attached compulsory cases in the communiquéfrom 1985 to 2009, it's not difficult for the author to realize the importance of the cases published, analyze nature of the collateral case, and is capable to grasp the existent problems.Understanding of the collateral cases'obligation still stays at an exploratory stage for China's theoretical community and the practitioners. Without further research, the judge may make judgment with biases, applying such theory, especially for identification on breach of affiliated obligation of contract. In specific contract disputes case, whether and which kind of collateral obligations the parties have, it's usually determined by the judge, in conjunction with discretionary power and relationship of specific right and obligations.The existent drawback for collateral cases'obligation leads to the limited capacity in adjusting claims and liabilities, and balance the interests of contract parties. In harmonious society, if we do hope the value of theory"collateral cases'obligation"come true in judicial practice, we shall standardize and clarify the legal consequences for breach the obligation. in order to safeguard the legitimate rights and interests for contract parties.By specialized research on this issue, I want to deepen the theoretical research on collateral cases'obligation, and make empirical analysis, by analyzing typical cases in our practical civil trial, especially the accompanying cases in supreme court, to make the article more convincing by combing theory and practice. This article describes types of collateral obligation and it's application in civil area, violation of the obligation leads to legal obligation, and points out that we shall further improve collateral obligation in our contract legislation.