The Theory Of Contracting Fault Liability Compensation Scope

The legislation about contracting negligence liability started late in China. The Contract Law of the People’s Republic of China replace the three laws:the Economic Contract Law, the Technical Contract Law, and the Law on economic contracts involving foreign interest. Currently, the regulation of contracting negligence liability is mainly involved in the General Principles of the Civil Law, and the Contract Law. The two laws, however, didn’t offer clear regulation about what exactly being protected by contracting negligence liability, and whether the compensation of it should be limited by performance interest.The majority of cases involving contracting negligence liability is caused by house purchase, because the price of house stays high since2003. The compensation for damages claimed by plaintiffs is various and high, including direct damage, indirect damage, inherent interest and expectable interest. Plaintiffs expect a lot from the court, the court, however, has difficulties in identifying indirect interest, expectable interest, etc.. So, the compensation of verdict if often much lower than the demand of plaintiffs. What’s more, the judge scale has no standard. As a result, it is necessary to make clear the compensation range of contracting negligence liability. Chapter1of this thesis introduces a case about purchase contract. Chapter2summarize the problems existed in trial practice involving contracting negligence liability. Chapter3offers advices from the perspective of legislation and judiciary, in order to perfect the range regulation of contracting negligence liability. Chapter4teases out viewpoints of range of contracting negligence liability in theoretical cycle, and gives the personal viewpoint of the author.