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由于合同法在调整范围上出现了真空地带,在缔约阶段因一方过失、过错致他方受损害均无法解决,因此缔约过失责任应运而生。我国的缔约过失责任制度包括各种各样的缔约过失情形,但是目前关于缔约过失损害赔偿范围的认定标准不统一,实践中出现了滥用该制度的情形,影响到了缔约过失责任制度运行效果,伤害了实体上的公正。针对这些不足提出了相应的建议,以期对我国缔约过失责任的完善、健全与发展起到积极的促进作用。
Due to the fact that the contract law has a vacuum zone in the adjustment scope, it is unable to solve the fault caused by the fault of one party at the contracting phase, so the fault liability of contracting contracting arises at the historic moment. China’s system of contracting negligence in contracting negligence includes a variety of circumstances of contracting negligence, but at present, the standards for determining the scope of contracting negligence damages are not unified. In practice, there is a situation of abuse of the system, which affects the operating effectiveness of contracting negligence liability system, The substantive justice. In view of these problems, some suggestions are put forward in the hope of promoting the improvement, perfection and development of the contracting fault in our country.