合同中的风险负担主要是依当事人的约定,但当事人没有对风险负担进行约定的情况也常常可见,因此,就需要在法律上通过确立风险负担的规则来对风险进行合理分配。本文重点对买卖合同风险负担的涵义及立法原则进行了分析,并就其在我国合同法中的具体适用做了探讨。 The risk burden in the contract is mainly agreed upon by the parties, but it is often seen that the parties have not agreed on the risk burden. Thus, the law needs to be rationally allocated to risks by establishing the rules of risk burden. This article focuses on the meaning and legislative principle of the risk burden in the contract of sale and purchase and analyzes its specific application in the contract law of our country.