The concurrence of conctratual liability and tortious liability is a famous problem in civil law, about which there was a discussion lasting over a hundred years. The core of the argument is that, to solve the problem, should the rules of conctratual liability or the rules of tortious liability be used? That is to say, how to determine the legal effect under the circumstance of such a concurrence? This article tried to discuss and answer the question. By both pointing out the shortages of the existed theories and absorbing some of their reasonable parts (mainly that of Anspruchsnormenkonkurrenz), and by trying to analyse from some new perspectives, what was given in this article was an endeavor to further the discussion about the problem. As a byproduct, a critical remark was given to Article 122 of China Contract Law, which regulates the concurrence of conctratual liability and tortious liability.