论我国合同法严格责任原则的合理性

归责原则是确定行为人民事责任的根据和 标准,也是贯穿于整个民事责任制度并对责任规范起统帅作用的立法指导方针。合同的归责 原则是违约责任制度立法的指导方针,直接决定整个违约责任体系的构建。新合同法确立的 严格责任原则是我国合同责任归责原则的一个重大变化。文章剖析了严格责任原则的含义、 价值、功能,认为严格责任原则在合同法上有其适用的合理性。

On the rationality of strict responsibility by the law of contract in China

In the civil law, the rule of responsibility is the foundation and the scale in judgin g what responsibility a participant should take (or the responsibility for one's fault). It is also the guiding principle which plays a leading role in regulati ng the responsibilities and decides the structure of the system of breaching the contract. The new "Law of Contract" defines the rule of the strict responsibili ty, which brings an important change in judging what responsibility the particip ant should take. This article analyses its function, value and meaning and prove s the rationality of strict responsibility is applicable.