中國大陸「合同法」中的承攬瑕疵責任

The liability for defective performance in work contract of the Contract Law

中國大陸「合同法」所確立的承攬瑕疵責任，具有諸多獨特之處，顯著不同於傳統大陸法系的瑕疵擔保責任。中國大陸民法學界雖對承攬瑕疵責任的性質有初步探討，卻無對具體法律適用的細緻研究。實務界就層出不窮的相關糾紛，提出了一些有價值的觀點。理論與實務的鴻溝亟待彌合，以共同解決承攬瑕疵責任法律適用的難題。本文立足中國大陸現行合同法，梳理承攬瑕疵責任的立法特色，並從制度的獨特性出發，綜合學說與實務，借鑒比較法上之經驗，利用法解釋的方法明確相關法律適用，以期清晰承攬瑕疵責任之輪廓。

The liability for defective performance in Work Contracts created by the Contract Law of Mainland China is distinctive in many aspects, which differs significant from the Warranty against Defects in Work Contracts of Civil Law system. Preliminary discussion of the nature of the liability for defective performance in work contracts has been conducted in Mainland China, while the detailed studies of the application of specific laws remain absent. At the meantime, valuable opinions in practice based on multitudes of cases are voiced, which call for the integration of theory and practice and the consequent solutions. This thesis intends to firstly identify the Chinese characteristics within related legislations, then integrate doctrines with practice, through comparative studies and legal interpretation to analyses the liability for defective performance in work contracts based on the current effective Contract Law in Mainland China.