我国合同法归责原则重构

归责原则所要解决的,乃是依据何种事实状态确定责任的归属问题,归责原则是违约责任,乃至合同法的核心制度。从责任的本质入手,归责的判断标准应符合最起码的伦理道德底线,并能体现合同自由和矫正正义。因此,有必要从民法与合同法的关系出发,反思我国合同归责原则。

The Reconstruction of Responsibility Principle in Contract Law of China

What the responsibility principle resolves is the ownership of the responsibility.The responsibility principle is an important part of the contract responsibility,and even the core system of the contract law.From the essence of responsibility,the responsibility principle standard should match most at least of the ethics morals bottom line,contract freedom and justice.It is necessary to introspect the responsibility principle from the relationship between Civil Law and Contract Law.