The Protection Scope Of The Contracting Negligence Liability

The liability for fault to a theory for the protection scope of the known as disputes that is the main focus of the liability for fault to protect natural interest and whether the pure economic loss. To sum up the main have "inherent benefit and the trusty interest combined with", "faith benefit, inherent interest and looking forward to the interests combined with", "faith benefit said." on the three views. In the judicial practice in China, the court of general liability for fault to a broad understanding of the protection scope, due to the fault to produce all damage, whether natural or interests to protect all trust benefits. The supreme people's court for judicial interpretation will clear pure economic loss as the scope of the tort liability. In order to accurately define the concept behind this, for the lays the foundation, in this paper the liability for fault to a scientific theory about the scope of protection in the practice of the viewpoint and summarized the practice and analysis, and then the trusty interest of the meaning and the expectation interests, to perform with interest, and the interests of the inherent relationship between chromatography debate. Points out that the trusty interest in Anglo-American law countries and in China mainland legal system country the connotation and denotation of great differences exist. Common law countries the trusty interest of this concept is not only apply to the contracting process, but also suitable for contract performance stage, breach of contract obligations can also cause damages to the interests of the trust; And the mainland legal system country's faith benefit compensation for damage only refers to the contracting process against first produced by the trust contract obligations loss compensation. But especially domestic law introduced in the theoretical circle and use the concept of trust interests, not to make this the basically distinguish, caused chaos on the theory and practice.At present the liability for fault to a theory for the protection range of the existing dispute from the surface to see is whether the liability for fault to protect natural interests and pure economic loss, but the essence of the dispute is tort law in addition to protect the inherent interest, whether also the trusty interest and pure economic loss for protection. So the end of this chapter demonstrates trust benefit belongs to tort law what protect the legitimate interests of range and further confirm the liability for fault is tort liability point of view. According to the traditional theory of civil law, the protection range of the liability is limited, only protect the victim's personality interests and tangible property interests of the loss, that is, only to inherent interest for protection. As for the expectation interests, trusty interest and pure economic loss, belongs to the contract responsibility system for the scope of protection. But as the tort, contract theory and the theory of the development of the judicial practice, tort liability system no longer stuck in the scope of protection of the interests of the inherent in narrow fields. The best example is the pure economic loss and claims the two recognized not of the rights and interests of the inherent interest will also be included in the scope of protection of tort law. Contract responsibility system also does not only protect the expectation interests. The best example is actively infringement claims, is taken into the category of the contract responsibility system. Our country "tort liability law of tort law for the scope of protection of civil rights and interests", "clear the tort law not only include the protection scope of civil rights, and including the law benefits or interests. Here the "civil rights and interests" highly generality and greater tolerance and can be applied in a wide range of object. Stuck in the tort liability system only protect natural interest, contract responsibility system only protect the interests of the performance of view, faith benefit out of the tort liability protection, outside the scope of the inherent out of the interests of the liability for fault to outside the scope of protection, and contracting negligence liability as a is different from the tort liability is different from the third kind of liability under the contract of the theory, already do not accord with the development of civil law theory, also do not accord with the need of legislation and judicial practice. Therefore, in our country, the contracting negligence liability as tort liability, the scope of protection of the defined interests, the trusty interest and natural pure economic loss, in theory, and does not have any obstacle, full compliance with the provisions of the current law.