The Two Parties Are Responsible For The Breach Of The Contract:the Analysis Of The Articles 120 Of The Contract Law

Contract law of the People's Republic of China Article 120:both sides breach the contract,the parties shall assume their respective liabilities accordingly.There are two views on the understanding of the article.In general view,it is bilateral breach rule,the another view is contributory negligence rule.But there is no sufficient argument to support the two views,which have been in a state of confrontation.The two views correspond to different applicable situations in judicial practice.Therefore,the article is used as the basis for the judgment of bilateral breach and contributory negligence.Is this article bilateral breach rule or contributory negligence rule? No matter from the point of view of solving academic disputes or in the correct application of the law in practice,it is particularly important to clarify the meaning expressed.This article is mainly discussed in the following steps:In the first part,the author first introduces the views of the scholars on the Article 120 of the Contract Law,including the bilateral breach and contributory negligence,bilateral breach rule is general view;Secondly,the author combs the application of the Article 120 of the contract law in the practice.At the end of the question,how should the article be understood?In the Second part,the author first introduces the concept of bilateral breach and contributory negligence,and analyses the components of the two rules one by one.Secondly,the author explains the judicial application of each rule through cases.Finally,the two rules are distinguished through the comparison of the concepts and the components to further understand the differences between the two rules.In the third part,the author explores the reasons for all sides to support the bilateral breach or contributory negligence from the following aspects: the legislative background,the historical origin of the article,and the position of the article in the Contract Law.However,by analysis,these reasons do not constitute a substantial argument for the support argument.In view of this,it is necessary to reinterpret it.In the fourth part,the author reinterprets the meaning of the Article 120 of the Contract Law,the first way to explain is literal interpretation.The second way to explain is system interpretation.In the end,the author interprets the applicable situation of the article one by one with literal interpretation and system interpretation.And the applicable situation correspondsto bilateral breach and contributory negligence.Finally,the conclusion is drawn.