A hysterical constitutive law for reinforced concrete subjected to earthquake loadings in both compression and tension is presented in this study. This constitutive law is selected to provide improvements on modeling the hysterical behavior of concrete structures in the finite element codes under earthquake loadings. The fundamental framework of the presented concept is the stress-based elastoplastic- damage-fracture (EPFD) theory. In this theory applied relationships in compression domain include the elasto-plastic-damage behavior and in tension domain, include the elasto-plastic-fracture behavior. The main novelty of the proposed hysterical constitutive law for reinforced concrete lies in the fact that the foundation of constitutive formulations are based on thermodynamics framework and all the required parameters can be obtained through simple formal tests. In the case of earthquake loading, the 1/3 scaled wall model, which was tested on the shaking table at C.E.A., has been derived from experimental results obtained by considering the dependency of the hysterical parameters with the EPFD attained by the concrete.