Exploration On Liability Fixation Doctrine For Breach Of The Contract

The doctrine of liability fixation of liability for breach of the contract is the core issue of contract liability study. Liability fixation doctrine decides the formation of the important terms of relevant constitutive requirements of liability, the content of evidential burden as well as the scale of compensation liability and the pattern of the default liability. This doctrine has a decisive influence on the breach liability system. Different doctrine represents different value judgments, so it is of great importance to study the doctrine of liability for breach of the contract.There used to be heated debates on the doctrine of liability for breach of the contract among the academia. Conclusion has been made since the publishing of Tort Liability Law. However, further discussion still needed upon this topic. Early academic study focused more on whether Chinese Contract Law is strict liability or fault liability. Most consider that Chinese adopted strict liability in common law system into Chinese doctrine of strict liability. However, since Germany ratified the modern Debt Law in the1990s and the American raised the concept of relative fault defenses, it brought the new thoughts, rules and patterns of the liability for breach of contract. It also made people realize that the combination of world contract laws was the main stream. Our eyesight has broadened to the universal documents of world contract laws, from then on, the rules of liability for breach of contract doctrines of China as well as two genealogy of laws, which were once traditionally recognized, need to be examined.This thesis includes four chapters. First chapter raises the question that would be discussed. In this chapter, author mainly discusses how liability fixation doctrine comes into being, and different doctrines would lead to different results, states and clarifies relevant concepts and uses these concepts to support the following statement regarding the situations in China. In second chapter, the author would summarize the laws and regulations regarding doctrine of liability for breach of the contract in the common law system. The main focus is to analyze the evolution and development trend of strict liability in history. Use the United States of America as an example, and through the illustration of five main areas in which American strict liability faults existed to prove the common law system is not simply the traditional strict liability. Chapter three introduces Chinese laws and regulations related to liability for breach of the contract including laws and regulations and legal practice before and after the issue of Contract Law. Finally in the last chapter, based on the previous study, summarize the thesis and illustrate that in China the doctrine of liability for breach of the contract is not simply strict liability doctrine, but a mixed doctrine of strict liability and fault liability.