Study On The Compensation Of Our Contracting Fault Liability

The provisions of Article 42 of the contract Law of China indicate that China has established the system of fault liability in contracting treaties.However,the scope of compensation and the determination of compensation scope are not clear.In our country,there are few researches on the scope of compensation for fault liability in contracting,which makes the legal provisions still in the blank stage,and the judge has great discretion.In dealing with specific cases,judges often rely on free evidence to decide the scope of compensation,which makes the result of judgment lack of fairness and justice.The successful enactment of the general principles of civil law is a successful step in the compilation of the civil code in China.At the time of the introduction of the civil code,the relevant system of the liability for fault in contracting should be clearly defined.Therefore,this article is divided into the following three parts,mainly discusses the scope of compensation for fault liability in contracting,and puts forward some suggestions to improve the relevant system in order to solve the problems in practice:Firstly,this paper briefly introduces the basic theory of fault liability in contracting.Including the connotation,nature,constitutive requirements,applicable scope,and the scope of compensation for damage caused by fault in contracting.Secondly,it introduces the legislation and judicial practice of fault liability,especially compensation scope,and analyzes the existing problems.It also explains the view of the scholars on the liability for fault in contracting in the compilation of the Civil Code.Finally,by comparing and analyzing the legislation and theory of compensation for fault liability in contracting in foreign countries,the author points out that the compensation for trust interests should not exceed the performing interests,and the compensation for inherent interests should be based on the actual losses.This paper analyzes the rules for the determination of the scope of compensation for fault liability in contracting,which should follow the principle of fault offset,the principle of profit and loss offset and the rules of derogation,and analyzes the different characteristics of civil and commercial law and the influence of contract clause factors on the scope of compensation.How to determine the scope of compensation for contractual negligence in four applicable cases of contract is analyzed,and the relevant system applicable to the situation of our country is obtained in order to solve the problems in practice and make up for the loopholes in the law.To provide suggestions for the introduction of Chinese Civil Code.