论第三人缔约过失责任的性质及信赖认定标准

On the Nature of Third-Party Liability for Fault in Contracting and the Criteria for Trustworthiness Determination

摘要: 《最高人民法院关于适用〈中华人民共和国民法典〉合同编通则若干问题的解释》第5条首次规定了第三人责任，但这一规定和侵权责任之间界限不清晰，导致在认定责任归属时出现困难。审判中法院的判决也暴露出不少问题，比如对第三人责任归责不统一，信赖利益认定的标准模糊等。在我国现行法律制度下，侵权责任制度处理第三人责任问题有短板，构建独立完备的第三人缔约过失责任制度很有必要。合同磋商中，第三人独立行为介入，其表现会让当事人产生较高合理信赖，影响当事人决策，当这种信赖明显影响合同磋商与订立时，第三人负有保护信赖的法定义务。

Abstract: Article 5 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the General Provisions of the Contract Book of the Civil Code of the People’s Republic of China first stipulates the liability of third parties, but the boundary between this provision and tort liability is unclear, leading to difficulties in determining the attribution of liability. The court’s judgment in the trial also exposed many problems, such as inconsistent attribution of responsibility to third parties and vague standards for determining reliance interests. Under the current legal system in our country, there are shortcomings in the handling of third party’s liability for fault in contracting system. it is necessary to establish an independent and comprehensive third-party liability system for contractual negligence. In contract negotiation, the independent intervention of a third party can generate a high level of reasonable trust among the parties, affecting their decision-making. When this trust significantly affects contract negotiation and conclusion, the third party has a legal obligation to protect the trust.