From The Contract Evolution Of The Concept Of Innovation, Of The Contract Responsibility System In China

Contract liability is both the core and the vitality of contract law, on which the law to base. To .set up a perfect liability system is not only the target of contract code in our country, but also a base requirement in the development of socialism market economy. The now law, which is put into use on 1st, Oct. 1999, adopted to the framework of the mainland law system, at the same time, it referred to the advanced contract liability regime within the two law systems and "United Nation Convention on contracts for the International Sale of Goods" , esp. the liability for wrongs in conclusion of contract, anticipatory breach liability and post-contract liability has a significant meaning in improving the liability'system of our country.The concept of contract is the base and the logical premise in the study of contract liability. This paper systematically examines the connotation and denotation of contract concept by adopting contrast method, and analyzes its applications in the contract law in greater detail. Based on this, a conclusion can be drawn: the contract law does not regard contract as static any longer but as a dynamic process which includes offer, acceptance, a contract' s creation, coming into effect, performance and so on, based on which a general contract concept also comes out. Besides, the transformation of this concept of contract not only expands the score of the contract liability from the traditional (mainly refers to the former three contract laws) liability for breach of contract into a novel system which subsumes liabilities for wrongs in conclusion of contract, anticipatory breach of contract, present breach of contract and post contract liability . What is more, it is the premise and base of the innovative system of contract liability.The imputation principle in contract liability is a key point which can not be ignored. By comparing different legislative systems on the imputation principle in contract liability in the two legal systems and by summing up thedifferent opinions held by some scholars on this issue before and after the enforcement of "Contract Law" , and by making deeper analyses of it on the bases of the stipulations in "Contract Law" , this paper concludes that China has established a dichotomy regime in which the principles of liability for fault and non-fault coexist based on the imputation principle of contract liability .The paper is mainly focus on the innovative system in contract liability. As far as liability for wrings in conclusion of contract is concerned, according to its background, this paper approaches more deeply some controversial issues in its practical use, such as its legal base, the scope available and its legal effect. It is regarded that the legal base of its existence lies in: the contract action between parties is a kind of legal action that is proceeding, and at this moment their common relations have become the special contract relations, which is the object that should be protected by the liability for wrongs in conclusion of contract and is also the base of future contract relations. In view of this, one party of the contract should undertake the anticipatory contract obligations by abiding by the principle of honest and credibi 1 i ty. When the obligations fails to be performed so that the other party' s interests are jeopardized, he should take the liability for wrongs in conclusion of contract. In terms of the scope available of liability for wrongs in conclusion of contract, it can be adopted not only in some situations where the contract is not tenable or is invalid or is withdrawn but also in situations where the contract is valid. Only by so doing can the independent standing of the liability for wrongs in conclusion of contract be obtained in real sense and can the victim' s legal rights be totally absorbed into the domain of legal protection. For the scope of compensation caused by liability for wrongs in conclusion of contract, it is considered that the traditional reliable interests have been expanded into performance i...