缔约过失责任自1861年首次由德国学者耶林提出后,经过发展和不断完善,已被许多国家接受和认可。我国也对缔约过失责任进行了相关规定。缔约过失责任本质上是一种特殊的侵权责任形式,能在合同不成立的情形下来保护受害方的权益,是传统侵权法的一个补充。通过研究缔约过失责任的性质、信赖利益的具体内容等可以更好地理解缔约过失责任。 After being first put forward by German scholar Yelin in 1861, the liability of contracting negligence has been accepted and accepted by many countries after its development and continuous improvement. China also made relevant provisions on fault liability of contracting parties. Liability for contracting negligence is essentially a special form of tort liability, which can protect the rights and interests of the aggrieved party when the contract is not established. It is a complement to the traditional tort law. By studying the nature of contracting fault liability, the specific content of reliance interests can better understand the contracting fault liability.