在现代市场经济社会，民事主体进行交往最重要的形式是合同，合同缔约人订立合同的目的是为了使自己的利益得以实现，而合同一方当事人的违约行为可能会阻碍对方当事人的利益的实现，因而违约责任又是合同法中极其重要的一项制度，是长期的市场交易实践中的一种法律机制。在合同中规定违约责任不仅可以促使合同双方更好地履行合同，起到避免和减少违约行为发生的预防性作用，而且在发生违约时，通过追究违约方的违约责任，使守约方的损失得到补偿，使违约方受到相应的制裁，从而更有效的维护当事人的合法权益，维护社会经济秩序。
关键词：合同；违约责任；归责原则
ABSTRACT
Communicate in the modern market economy society, civil main body is the most important form of the contract, the purpose of the contract the contracting people enter into a contract is to make to be able to realize their own interests, and one of the parties breach contract may hinder the realization of the interests of the other party, and the liability for breach of contract is a extremely important system in contract law, is one of the long-term market trading practice legal mechanism. Stipulated in the contract
liability for breach of contract not only can make better performance of the contract, the parties to the contract to avoid and reduce the default behavior of the preventive role, and in the case of default, shall be investigated by the breaching party's liability for breach of contract, the other party's loss compensation, make the party in breach by the corresponding sanctions, thereby more effectively safeguard the legitimate rights and interests of the parties, maintain social and economic order.
Key words:The contract ; Liability for breach of contract ; The principle of imputation
一、违约责任的概述········································································································1
（一）违约责任的概念···································································································1
（二）违约责任的特征···································································································1
二、违约责任的归责原则································································································2
（一）严格责任原则·······································································································2
（二）过错责任原则·······································································································2
三、违约责任的责任承担形式存在的问题····································································2
（一）实际履行与违约责任···························································································3
（二）采取补救措施与违约责任···················································································3
四、违约责任的民事救济价值·······················································································4
（一）保护守约方的合法权益·····················································································4
（二）适应市场经济需求······························································································5
（三）对违约者的约束作用··························································································5
（四）接轨国际惯例，营造良好竞争环境···································································6 参考文献···························································································································8 谢辞···································································································································9
在现代市场经济社会，民事主体进行交往最重要的形式是合同，合同缔约人订立合同的目的是为了使自己的利益得以实现，而合同一方当事人的违约行为可能会阻碍对方当事人的利益的实现，因而违约责任又是合同法中极其重要的一项制度，是长期的市场交易实践中的一种法律机制。在合同中规定违约责任不仅可以促使合同双方更好地履行合同，起到避免和减少违约行为发生的预防性作用，而且在发生违约时，通过追究违约方的违约责任，使守约方的损失得到补偿，使违约方受到相应的制裁，从而更有效的维护当事人的合法权益，维护社会经济秩序。
关键词：合同；违约责任；归责原则
ABSTRACT
Communicate in the modern market economy society, civil main body is the most important form of the contract, the purpose of the contract the contracting people enter into a contract is to make to be able to realize their own interests, and one of the parties breach contract may hinder the realization of the interests of the other party, and the liability for breach of contract is a extremely important system in contract law, is one of the long-term market trading practice legal mechanism. Stipulated in the contract
liability for breach of contract not only can make better performance of the contract, the parties to the contract to avoid and reduce the default behavior of the preventive role, and in the case of default, shall be investigated by the breaching party's liability for breach of contract, the other party's loss compensation, make the party in breach by the corresponding sanctions, thereby more effectively safeguard the legitimate rights and interests of the parties, maintain social and economic order.
Key words:The contract ; Liability for breach of contract ; The principle of imputation
一、违约责任的概述········································································································1
（一）违约责任的概念···································································································1
（二）违约责任的特征···································································································1
二、违约责任的归责原则································································································2
（一）严格责任原则·······································································································2
（二）过错责任原则·······································································································2
三、违约责任的责任承担形式存在的问题····································································2
（一）实际履行与违约责任···························································································3
（二）采取补救措施与违约责任···················································································3
四、违约责任的民事救济价值·······················································································4
（一）保护守约方的合法权益·····················································································4
（二）适应市场经济需求······························································································5
（三）对违约者的约束作用··························································································5
（四）接轨国际惯例，营造良好竞争环境···································································6 参考文献···························································································································8 谢辞···································································································································9