Study And Enlightenment About The Amendment Of The Japanese Principle Of Contractual Iability

When the relationship of debts is established,if there is no way to satisfy the claims,it depends on the relevant provisions of the principle of debt non-performance of the debts to seek the basis of the claim.It can be seen that the debt does not fulfill the principle of imputation.At the same time,the failure to fulfill the debt and even the improvement of its imputation principle is not only the core task of the amendment of the international credit law in recent years,but also the symbol of the modernization of contract law.After Japan's completion of the first major revision of the Civil Code,China's civil code revision also entered the part of the Civil Code.Therefore,this paper focuses on the revision of the Japanese creditor's principle of liability,and studies the Japanese imputation theory and its imputation system from the perspective of system perfection,observes the development of its imputation theory and analyzes the Japanese imputation principle.The system problems that exist in the revision of the law.Based on this,it reflects on the inadequacy of China's liability system,and draws inspirations from solving related problems,and proposes relevant amendments.The first part mainly introduces the research purpose and research scope of this paper,and puts forward the problems studied.The second part focuses on the development of the principle of liability for Japan's debt non-performance and the latest developments after the revision of the law.First of all,Japan's dissatisfaction with Japanese debts in the context of the formulation of the Civil Code and the theory of doctrine,the theory of the principle of imputation arising from the implementation of the Civil Code,the changes in the process of the revision of the creditor's law and the application of the theory.The principle of imputation is studied,and then the reasons for this revision are considered from the perspective of the system of attribution.Finally,the focus and existing problems in the process of revision are summarized.The third part is based on the reference to the relevant legislation in China.It mainly analyzes the system of China's liability from the two parts of the general rules and the sub-rules,pointing out that there are problems in the system that are not fully coordinated.And based on the previous discussion and analysis attempts to propose a solution.