Analysis On Current Situation And Legislative Perfection Of China’s Contracting Fault Liability

The contracting fault liability is a civil law issue. Since the20th centuryacademia and judicial practice have paid great attention to this question. Itsemergence and development have a big impact on traditional contract law theory,shaking the status of “no contract no responsibility” theory. As an independent civilliability, the contracting fault liability was based on the principle of good faith, whichis different from both the contract and the tort liability in nature. At present, China hasestablished the contracting fault liability system. However, due to the relatively lateresearch on this theory, its application still has many shortcomings. So, this article isfocus on the contracting fault liability’s application in China, using many methods,such as case analysis, literature analysis and so on. At the beginning, this articleanalyzes the time’s starting point and terminal point of the contractor negligencebehavior. Then, it will clearly define the “contracting process”. At the same time,combining China’s current legislation with the foreign advanced legislativeexperience, it will study the specific application circumstances of the contracting faultliability in China. In particular, this article indicates that the contracting fault liabilityis applied to valid contracts. At last, this article will put forward feasible suggestionsto the perfection of theory of contracting fault liability of our country.