On The Post-contractual Liability

Since the reform and opening, economic rapid development brought opportunities andchallenges to the existing legal system, a growing trade is constantly updated to people on theunderstanding of the concept of contract. As the main way of the economic development ofour country market-oriented economy, as well as，the marketization brings new opportunity tocontract relations, various forms of the new contract. Compared with the traditional contract,they form more diverse, the content is more complicated, and give a traditional obligation,responsibility system more huge impact. In this context, after the contract obligation andresponsibility theory with system arises at the historic moment. In China in1999after the firstcontractual obligations stipulated in "contract law", implement the contract system ofinnovation and breakthrough, in the field of the world within the scope of the contract lawplays a very important influence. After the establishment of the contractual obligations andresponsibilities are the important of practice the principle of good faith, to maximize theenhancement of honesty and credit "imperial terms" status in civil law, is the pursuit ofessential justice, institutional guarantee for the rights of the real balance between the parties.However, due to the current contract obligation and responsibility of theoretical research isrelatively weak, has not clearly stipulated in the "contract law" after the violation of thecontract after the contract obligations shall bear the responsibility system, and because toperfect after contract liability theory, is the embodiment of the principle of good faith, to forma virtuous trading market also play the role of the "positive energy". Depend on this, after thecontract obligation and responsibility system for more in-depth and detailed study anddiscussion is imminent.In this paper, through the integrated use of comparative analysis, value analysis,inductive reasoning, deductive reasoning, law research, research methods such as literatureanalysis, the theory of contractual obligation and responsibility to conduct a comprehensivestudy. First explains the general theory of liability after contract from the two aspects ofmeaning and properties after defining the contract responsibility, discusses the necessity of itsexistence. Through the contract liability and the contracting fault liability, liability for breachof contract after in-depth comparative analysis, concluded after the contract liability should beas a kind of civil liability independently of other ways of new responsibility and conclusion.Second, after the contract responsibility system for value analysis, argumentation after theestablishment of the contract responsibility system to protect the safety of the economic and social transaction order huge economic value, in the aspect of improving the contract legalsystem also exist the meaning of cannot be ignored. In practice, after the establishment of thecontract responsibility system to resolve new problems encountered in practice to providepowerful basis. Third, after the contract liability imputation principle, constitutiverequirements, responsibility way make a deep analysis and research, clear after contractresponsibility principle of fault liability should be taken. Has the characteristics of their ownindependent components, and take "four elements", namely the violation of the contractualobligations after, injury consequence, causality and subjective fault. Liability for damages andcontinue to perform the work after the contract is the way of bear. In a word, through thetheory discussion and the research above, for initial set up after the contract responsibilitysystem provide strong theoretical support. Final account after the contract responsibilitysystem in our country’s present situation, analyze the problems of the system, by combiningthe world’s countries and regions of reasonable and effective after the provisions of thecontract responsibility system for our country after the establishment of the contractresponsibility system puts forward related Suggestions. Among them in the "contract law"after redefining the concept of contract obligation; After the increase in the overall system of"contract law","contract responsibility" chapter, in company with liability for breach ofcontract.Structure from the general theory of liability after contract, after combining thetheoretical basis of the contract responsibility, their own characteristics and way ofconstitutive requirements, responsibility and etc., our national comprehensive researchachievements on the issue of domestic scholars, from various angles expounded which causedby the violation of the contractual obligations after the theoretical basis of the contractresponsibility system, detailed and scientific discusses the building after the contractresponsibility system of the factors. In the last part of the article, puts forward the contractresponsibility system for the construction of the legislation idea, in the "contract law" changesin the future, will be after the contract liability in the "contract law" read separately, with theresponsibility of breach of contract, set up complete after contract obligation andresponsibility system.