合同法的归责原则探讨——兼论我国《合同法》的归责原则

民事归责原则是民法体系赖以建立的基础。长期以来，我国不少学者几乎一致认为荚美国家的民商法特别是合同法的归责原则从来就是严格责任原则，而且大陆法国家也有朝这方面发展的趋势，我国的民事立法也采用严格责任原则。从法理、国外法律的规定、相关判例、国外法学界的论述和相关立法技术的比较来看，结论则截然相反。我国制定民法典时应以过错责任为基础。

Fault Liability——A Perpetual and Universal Principle for Attribution in the Civil Law

The principle for attribution is the basis for the system of the civil law, Most scholars in our country almost unanimously agree that the strict liability has always been the principle for attribution in the civil law, especially in the contract law in Common Law countries, that the strict liability has been the tendency of the principle for attribution in Continent Law, and that the strict liability should be adopted in the Chinese civil legislation. Based on a study of the judicial philosophy, some foreign statutes, relevant cases, foreign legal theories and related legislative skills about the principle for attribution, the author draws an entirely opposite conclusion to the above. In addition, the author points out the causes of the mistake made by some Chinese scholars, and analyzes the principle for attribution in the Chinese contract law. Finally, the author proposes a new theory that the fault liability should be the basis of the Chinese civil law.