The Contracting Fault Liability Principle In The Judicial Practice In The Application

German was first raised in the theory of contracting fault liability, breaks through the traditional contract law on the breach of contract responsibility system, the legal regulation to extend the reach of the contract prior to the establishment, great protection to any party's interests, but in practice, the contracting fault liability is the lack of applicability and maneuverability. In judicial practice, the contract dispute, often due to the contents of the contract illegal or validity, that a party based on the other side acts have" reasonable trust" the lack of legal basis, the trust to trust benefits attributed to zero.The author thinks, the reliance interest as the contracting fault liability system to protect the object, the relying party to Party's actions based on" reasonable trust" as long as there is no malice, and be perfectly logical and reasonable, its "reliance interest" should be established. As for the" reasonable trust" the basis (i.e.:promise the promise) is legitimate, do not involve the relying party reliance interest whether the issue, but related to the validity of the contract issues, two be quite distinct from each other, not to be confused with.Therefore, this article to the contracting fault responsibility in judicial practice problems for the introduction, with the comparative research method and empirical analysis as a tool, to elucidate the contracting fault liability in practice in the presence of specific problems:one is the contracting fault responsibility connotation is unknown:reliance interest concept, scope of application and the interests of the trust computing standards, laws are not clearly defined; the two is in the principle of honesty and credit and the contracting fault responsibility conflict, especially the contracting fault liability and tort liability competing time there, no legal basis; three is in the contract is null and void and revocable cases, the innocent party's reliance interest protection, no definite standard.In view of the above problems, the author put forward corresponding countermeasures, one is to improve the system of contracting fault responsibility mechanism of the application, expand the scope of application of the system and the subject, proposed in the contract, contract is partially invalid, the contract can be revoked under the protection of trust interest ideas and methods; two is to improve its relief mechanism of the system, clear responsibility when the contest rules.