缔约过失的法律性质在学界一直存在争议,大陆学者多参考德国和我国台湾地区民法理论认为其是一种独立之债。但由于两岸的民事法律体系不尽相同,因此,在我国台湾地区缔约过失作为一种独立之债可以弥补侵权法规定的不足,这并无不当;而在大陆现行民法体系下其完全可以被纳入侵权法体系成为一种侵权之债,而没有必要作为一种独立的债而存在。 The legal nature of contracting negligence has always been controversial in the academic circle. Mainland scholars refer to the theory of civil law in Germany and Taiwan as an independent debt. However, since the civil legal systems on both sides of the Strait are not the same, it is not improper to make mistakes in Taiwan as an independent debt in our country, which can be fully incorporated under the current civil law system in the Mainland The system of tort law becomes a liability for infringement and does not need to exist as an independent debt.