The Application And Perfection Of Chinese System Of Liability For Fault

Praised as " great discovery of law science " in the 19th century, Treaty Fault theory has been introduced by two legal systems into their own civil legislation or cases in various degree. " contract law of the People's Republic of China " which our country issued for enforcement at the end of last century, also has the Treaty Fault regulation in the form of legislating for the first time, which is a great progress in our civil law.However, the Treaty Fault system that our contract law adopted is relevantly incomplete, illogic. The purpose of this system——to protect the Trust Interests, has not been reflected by a complete concept or practical methods for counting the damages for the trust interests, which has influenced the correct application of our contract law in the judicial practice. Because of above-mentioned background, this paper attempts to raise some important issues in the Treaty Fault system, putting point on the liability for fault and trust interests, and exploring the intension and epitaxy of some basic legal key elements in the system of Treat Fault. After that, the paper takes out some practical suggestions in order to perfect our legal system.Besides the Foreword and epilogue, the paper has been divided into five parts altogether. The theoretical foundation introduction is the first step of context. On the compare between relevant systems at home and abroad, the writer defines the concept of the Treaty Fault. The opinion that the Treaty Fault is a kind of reason for debt and an independent civil liability also push the conclusion out that the Treat Fault should stand side by side with the liability for breach of contract and the liability for tort. Meanwhile, according to the analysis on the trust interests protected by the Treat Fault system, the paper listed out basic principles, the elements and the methods for counting the damages for the Treat Fault. At the end of the thesis, against our country's current " contract law " and relevant regulations of relevant laws, on the prospect of the structure of the Treat Fault system, the writer suggests several thinking as the temporary lodging studies, expecting that the maturity and perfection of theories can be beneficial to the Treaty Fault system in our country.