Study On The Compensation Of Liability For Contracting Negligence In Damage

China’s1999implementation of the "contract law" provisions of the liability for contracting negligence in general terms, and then preliminarily established the system of contracting fault liability. However, the "contract law" was not on the contracting fault liability in the scope of damages were defined, the existence of certain legislative defects. At the same time, the theory research on the system of liability of negligence in contracting is not deep enough, the scope of the academic and theoretical circles and judicial practice circles on how to define the damage of contracting negligence responsibility compensation opinions are not unified, greater discretionary space still exist in judicial practice. From the present situation of the judicial practice, the applicable scope of contracting negligence damages have the tendency to expand constantly, this will lead to substantive justice in some cases can not fully guarantee. Therefore, the author from the following several aspects of the definition of culpa in contrahendo the scope of damage compensation problem, try to solve some difficult problems in judicial practice on the liability of culpa in contrahendo, offer advice and suggestions to improve our system of contracting fault responsibility.First of all, the main of contracting negligence responsibility evolution and theoretical basis are described, and then clear the position of contracting fault liability in civil liability system of. The author through the historical development of the theory of culpa in contrahendo backtracking, systematically introduces the generation and development process of the theory are introduced, the theory in civil law countries, common law countries of the development process and the influence of. Through the identification of concepts and comparison, the key problems of culpa in contrahendo should grasp the identification points out, in order to clear positioning of contracting negligence responsibility in the whole civil law system problems.Secondly, discuss the related theory mainly on liability for damage compensation scope of contracting negligence. Clearly put forward contracting fault liability for inherent interest compensation should be the main compensation for the actual loss, the compensation for reliance interest should be less than or equal to the performance benefits, if there is opportunity loss, should be based on the provisions of law shall prevail. Through the specific definition of damage liability fault contracting the scope of compensation, identify damage should apply the profit and loss balance principle, the principle of fault offset, detract from the principle to measure, and defines the related problems in the judicial practice, identification of damage compensation should be paid attention to in contracting negligence liability.Finally, to our country’s legislation and judicial practice of elegant, analysis of the current in the field of contracting fault liability, the main problems existing in the legislation and judicial practice, in order to make clear the law of our country as the foundation, according to the relevant transaction practices and the principle of honesty and credit, analysis and Discussion on the specific types of cases, and then clear the applicable scope of contracting negligence responsibility. First of all, the author advocated by the state legislation, the scope of compensation for liability for contracting negligence are clear and reasonable definition, from the elements clearly, carries on the discussion from the imputation principle, and constantly improve our system of contracting responsibility fault, liability for breach of tort legislation and contract, constitute a civil liability system more complete. Secondly, liability to improve our skills, hand to try to and perfect the system of laws expression and arrangement, on the other hand to constantly refine law content representation, in order to improve the legal provisions of the applicable and practicable.