缔约过失责任制度由德国法学家耶林于1861年提出,被誉为法学上的发现,对各国立法和判例产生了深远的影响。本文拟从缔约过失责任理论的创立、法律基础、构成要件以及我国《合同法》规定的缔约过失责任的类型四方面对缔约过失责任进行浅探。 The system of liability for contracting negligence was proposed by German jurist Jerin in 1861, which was hailed as the discovery of law and had a far-reaching impact on the legislation and precedent of each country. This article intends to make a tentative probe into the fault liability of contracting parties in four aspects: the founding of the contracting fault liability theory, the legal basis, the constitutional requirements and the types of contracting negligence liability stipulated in the Contract Law of our country.