The constitutive elements of the liability for fault in contracting are the conditions and factors that must be considered when determining the liability for fault in contracting. This paper holds that the constitutive requirements of liability for fault in contracting should properly and accurately reflect its essence, and its extension and connotation cannot be expanded or reduced, otherwise it will cause legal injustice. Because it will bring legal adverse consequences to the responsible person, and at the same time, it will be manifested in the moral condemnation and legal punishment of the responsible subject by the society. In order to protect the freedom of behavior of the actor, protect the interests of the responsible subject, realize the function of law, maintain social order and promote social development, it is necessary to scientifically and reasonably determine its constituent elements. Because the behavior of the actor is closely related to the constitutive requirements of liability for fault in contracting, according to the constitutive requirements of legal liability, this paper divides the constitutive requirements of liability for fault in contracting into the following six aspects:

(1) Both contracting parties must have corresponding capacity for civil conduct.

(2) Liability for fault in contracting occurs in the process of contracting.

(3) One party or both parties have violated the prior contractual obligations arising from the principle of good faith.

(4) Breach of prior contractual obligations, resulting in the loss of the trust interests of the other party.

(5) The party who violates the prior contractual obligations is subjectively at fault.

(vi) There is an inevitable causal link between the breach of previous contractual obligations and the loss of reliance interests.