缔约过失责任问题探讨

缔约过失责任是在合同缔结过程中产生的一种责任形式，是合同法中一项独立的法律制度。缔约过失责任与违约责任有着本质的区别，是基于缔约方违反先合同义务产生的责任形式，其损害对象是对方的信赖利益，而不是合同利益。本文通过对缔约过失责任的论述，阐明其产生的理论基础、成立要件、责任形式以及立法现状和趋势，谨希望能有助于我国相关立法的发展与完善。

Discussion on Liability for Fault in Contracting

Liability for fault in contracting is a kind of liability produced during the establishment of contract, and which also has been an independent part in the legal system. It is based on the obligation of pro-contract, so it has much difference with the liability of default. Liability for fault in contracting offends the benefit of trust of the other party, instead of the benefit contract itself. The article just throws light on the theoretic base and establishment conditions of the liability, also gives some ideas about it in the future. Through the discussion of it, the author hopes that it can give many help to the development and the perfect of the establishment of correlative law.