违约责任与侵权责任的竞合:经济上的赔偿——对《农村土地承包法》第56条的分析

从违约案例出发,讨论《农村土地承包法》与《合同法》中违约责任与侵权责任的竞合及原因,论述两者的本质属性不同及立法区别,并对具体的法律条文提出了修改、完善的建议。违约责任因违反约定义务而承担责任,侵权责任因违反法定义务而承担责任,前者侵害履行利益即期待利益,后者侵权固有利益即现有利益。

The Liability Concurrence of Contract-Breach and Tort: Economic Compensations

Based on the case of contract breach, the author discuses the concurrence of contract-breach liability and tort liability in the law on the contract of farmland of PRC and the contract law of PRC, the natural differences and legislative differences between the contract liability and tortuous liability, and gives the proposals on the legislative adjustment on this issue. The contract liability is caused by breach of stipulation duty, and the tortuous liability is caused by breach of legislative duty; the former injuries the implement interest which is fulfilled during the contract implement, however the latter injuries the legislative rights which has existed.