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缔约过失责任是不同于违约责任和侵权责任的一种独立民事责任形式。根据我国《合同法》的规定,缔约过失责任制度的适用范围主要有四种情形,但其适用范围应该拓宽到合同有效的范围,其赔偿范围应以期待利益为限。我国关于缔约过失责任的立法主要有以下四个方面的不足:第一,对先合同义务缺乏明文规定;第二,立法逻辑性不够严密;第三,赔偿范围规定不明确;第四,举证责任规定不明确。我们应当在修订《合同法》的时候应对其加以完善。
Contracting negligence liability is an independent form of civil liability that is different from liability for breach of contract and tort liability. According to China’s “Contract Law”, there are mainly four situations for the application of the liability system for contracting negligence, but its scope of application should be broadened to the effective scope of the contract. The scope of its compensation should be limited to the expected interest. Our country’s legislation on the fault liability of contracting contracting mainly has the following four aspects: First, the lack of express provisions on the first contractual obligations; Second, the logic of the legislation is not rigorous; Third, the scope of indemnification is not clear; Fourth, the burden of proof The rules are not clear. We should improve it when we amend the “Contract Law.”