Contracting Negligence Liability Research Problems

The contracting negligence liability system is born in the modern civil law in the field ofthe contract law to an important legal system. It is a good way to solve the contract to protectof the treaty level and to avoid the contract concluded the process, which is as the legaladjustment blank land. After hundreds of years of development and perfection, manycountries regions of the legislation, cases and the system theory all made a provision in thefield and the practice field got everyone’s general approval. Our country is also notexceptional, China promulgated in1999of the contract law contracting negligence liabilitymade a provision, which reflects the legitimate rights and interests of the contracting partiesto protect the utterance. It is also reflected the law of contract value concerns. However, ourlegal system in the unceasing development and perfection of the legislation is not perfect andit can’t solve the provisions of the treaty negligence liability in the rapid development of theproblems in today’s society. Plus, relative to other civil law systems, the contractingnegligence liability system theory foundation is shallow, possibly content, law and are general,leading to the operation in the judicial practice is not strong, the problems in practice. In thispaper the contracting negligence liability system as the research object, by the maximumprotection contracting parties interests as the theme. First from contracting negligence liabilityof the basic connotation of the contracting negligence liability and related civil system hascarried on the judicial defined; Second by using relevant foreign laws and case, incombination with their judicial case basis, based on the judicial and legislative situation inChina found the lack of fault liability system, reflection; The last to perfect the contractingnegligence liability system with his Suggestions of judicial idea, to enhance ourunderstanding of the treaty error system, properly solve the judicial practice by their problem,for final creation based upon the principle of honesty and credit contracting negligenceliability system, to contribute their bit.