Research On The Principle Of Civil Liability From The Perspective Of Jurisprudence

Compared with criminal responsibility in the field of legal responsibility,the ontological study of civil responsibility has not received due attention from jurisprudential circle recently.Compared with criminal responsibility,which has long abandoned the “consequence theory” and obtained abundant research achievements,the understanding of civil responsibility in the civil law academic circles in China has always remained in the “consequence theory” and failed to push forward the understanding of civil responsibility.Based on this,this paper selects civil responsibility as the research object and tries to analyze it from the perspective of philosophical evaluation theory,so as to further enrich and deepen the understanding of “civil responsibility” and “legal responsibility”.Theoretically,in order to fully and profoundly understand civil responsibility,we must make clear that what civil responsibility is,where it comes from and what it is based on,which exactly corresponds to the concept,the source and the basis of civil responsibility.Based on the legal view of “right-duty” centralism and the approach of“reductionism”,the traditional “duty theory” reduces civil responsibility to the “duty”of compensation for damage caused by violation of civil duty,which can be reduced further to the “right” of claim for compensation for damage of the victim.The“consequence theory” is actually the “sanction theory”,which takes the legal view of analysis positivism and the “sanction” centralism as the theoretical basis,and defines the civil responsibility as the civil adverse consequence that violates the civil duty.The“duty theory” cannot solve the problem of distinguishing between civil responsibility and civil duty,and the “consequence theory” is unable to distinguish between civil responsibility and civil sanctions(consequences),both failed to clearly reveal the independent connotation and ontology of civil responsibility.This is related to the“dependency” idea and need reinforce its “independence”.The “evaluation theory” is an independent theory of civil responsibility on the basis of absorbing the “ought evaluation theory” of legal responsibility and the “negative evaluation theory” of criminal responsibility.“Evaluation theory” argues that the civil responsibility is a corrective evaluation to the offender's behavior and willingness which caused losses by a breach of civil duty,made by the social groups and state,based on the standards of duty(do no harm to others)and corrective justice,its content is that(the offender)ought to get some kind of civil sanctions(adverse consequences).It has the following characteristics:the ideality of existence form,the duality of evaluation subject,the relation of evaluation object,and the hierarchy of function of evaluation.There is an evaluation structure of“two-spot and double-deck”,in which the “two-spot” evaluation subject refers to social groups and state,and the “double-deck” evaluation standard refers to the standard of duty(do no harm to others)and the standard of corrective justice.The“double-deck” evaluation result refers to the negative and corrective evaluation results.Its theoretical basis includes the evaluation theory of philosophy,the unified theory of human sensibility(self-interest,altruism)and rationality of human nature,the theory of “three-person society” of social foundation and the legal view of “evaluation theory” of jurisprudence.In essence,civil responsibility comes from evaluation.The essence of law and agreement is also evaluation.Among them,law is national evaluation,and agreement is mutual evaluation among social members,and evaluation is the evaluation of social groups.Since the third party's evaluation is superior to the party's evaluation,the civil responsibility comes from the third party's evaluation rather than the party's self-evaluation.Since the social evaluation is superior to the individual evaluation and the state evaluation,the civil responsibility comes from the social evaluation rather than the individual evaluation and the state evaluation.The ideality of the evaluation determines that the civil responsibility as the result of the evaluation is an ideational existence rather than a substantial existence.The basis of civil responsibility lies in the satisfaction relationship between the behavior and intention of the actor as the object and the evaluation standards as the subject's need.Evaluation subject,firstly according to the duty standard(do no harm to others),make a negative evaluation of the offender's behavior and willingness,secondly according to the corrective justice standard,further make a corrective evaluation,whose content is that the offender ought to get a civil adverse consequence,in order to correct the damage caused by a breach of duty.The “evaluation theory” of civil responsibility can eliminate the lack of independence and value of the traditional definition of civil responsibility.Firstly,it is helpful to explain the theoretical and practical problems related to civil responsibility.Theoretically,it can comb the logical relations among civil duty,civil responsibility and civil sanction.In practice,the positioning of responsibility in civil legislation is clarified,and the problem of “difficult execution” in civil justice can be alleviated.Secondly,the concept of civil responsibility itself contains the value of ensuring security,maintaining equality,promoting freedom and enhancing efficiency,which is the direct embodiment of the value of law.Understanding civil responsibility as the evaluation results of social group,therefore,on the one hand can limit the power of state to set the sanctions,on the other hand,promote the citizens voluntarily to accept the sanctions caused by his behavior.The traditional view that the state set the sanctions forcibly and the individuals was forced to accept the sanctions maybe changed,and the relationship between “state” and “individual” can be softened,so it has important significance of the rule of law.After the above argument,according to the structure of “evaluation criterion-object-subject-result” of general evaluation activity,the logical structure“basis-source-concept” of civil responsibility has been established,the basic question about the concept,source and basis of civil responsibility is answered.In the practice of civil responsibility,“evaluation theory” is an effective analytical framework,which can accurately analyze the relevant phenomena of civil responsibility.