违约责任的归责原则分析

Responsible principle analysis of liability in breach of contract

违约责任的归责原则体现了法律的价值判断。由于角度和倾向不同，我国学者对此多有分歧。倘若通过比较、学理、实证三个层面的分析，我国合同法在违约责任的归责原则上．应以严格责任为主要原则，以过错责任为补充原则。只有坚持二元的归责原则，才能实现违约责任的价值。

The responsible principle analysis of liability in breach of contract expresses the value judgment of law. By different view and trend，the scholars or our country have many differences about it. If we analyze it from three aspects of comparison，theory studying and demonstration，the responsible principle of liability in breach of contract in Contract Law of our country should take the strict responsibility as main principle，and liability for fault as supplement principal. The value of liability could only be realized by sticking on the binary responsible principle.