论违约责任

On responsibility of breach of contract

随着中国市场经济的发展，世界一体化进程的加快，以及中国成功加入世贸组织，合同与各种市场主体乃至寻常百姓的接触越来越频繁，越来越密切。而违约责任约定则是一份合同的核心所在，一份完备的合同离不开具体、有效的违约责任条款。笔者拟从违约责任的要件、责任承担方式、几种违约方式的适用、损失赔偿范围等几个方面封《合同法》中的违约责任追行分析，最后就如何在合同中合法、有效地约定违约责任提出一些建议，以最大限度保护守约方的合法权益。

With the development of Chinese market economy and the acceleration of the world integration process, after China successfully entering WTO, contracts became more and more familiar to market bodies and common people, Responsibility of breach of contract is the core of contract, It couldn＇t be a complete contract without the content about specific and effective responsibility of breach of contract. This article would analyze this responsibility from its constitutive requirements, its commitment ways, application in different default modes, the range of loss compensation and so on. And then it would give some suggestions about how to make an appointment of valid and legal responsibility, to protect observant party＇s legal rights and benefits to the most