On The Scope Of Damages For Liability For Negligence In Contracting

The contracting fault responsibility is an important embodiment in the development of debt law theory. In traditional contract law and tort law, for in the contracting process, one party or both parties violate the trust relationship between each other by losses to the interests of the situation, the lack of comprehensive means of judicial relief. To seek the protection of the interests of the contracting parties, and promote the transaction security,between the two parties as to the civil law of good faith principle on the basis of the contracting fault liability system, the main purpose is to make up for the contracting parties in the process of contracting violation of a trust relationship between each other by the interests of the loss, to coordinate well the honest credit between autonomy and the chancellery.Legislation about the contracting fault liability system in China started relatively late, until 1999, promulgated the "contract law" provisions of the contracting fault liability of the general terms and conditions, it marks the contracting fault liability system in China formally established. However, the provisions of the "contract law"on the contracting fault liability system is too general, especially did not make clear a regulation to the scope of damage compensation, lead to the contracting fault liability system in judicial practice, judges are divided on this question, damage compensation responsibility that there is a big controversy,trigger chaos in the applicable law,so that the judicial, hurt entity justice.Firstly, this paper discusses the concept of contracting fault liability, scope of the contracting fault liability compensation theory.to comb, and the development of our country's judicial practice that the contracting fault liability damage compensation scope should include reliance interest, the inherent benefits. On this basis, the paper classified the trusty interest standard, whether the scope of the contracting fault liability for damages should be limited and that damage compensation range of specific analysis, combined with the scope of the contracting fault liability for damages of judicial practice, occurred in the different stages of the contract the contracting fault liability in different stages of the scope of damage compensation,opportunity loss recognized, and the problems existing in the judicial practice are analyzed. In the aspect of legislation, this paper argues that, first of all, to clear the general scope of the contractual obligations; Be clear of second damage compensation scope and the inherent benefit of compensation shall not exceed the amount when available for contract interests, both of us have fault, shall assume their respective liabilities accordingly. In judicial practice, in this paper, the different stages of the contract scope of damage compensation mode has carried on the simple idea,the cognizance of the stages for the contract the opportunity loss of proposed own view.