The Study Of Modern Tort Law Imputation Principles

In this thesis, the author tries to break through the pacing-up-and-down condition within the area of study of the principles of tort imputation with a unified and harmonious two-leveled system of the principles of tort imputaion. The main point of view is new and original, and there are many original ideas on the relevant issues in this thesis.This thesis consists of three parts with over 40,000 words in all. The first part is the outline of the principles of tort imputation. In this part, the author advances a framework of the two-leveled system of the principles of imputation on the basis of review of the predecessors' expounding. He points out that there was a common defect in the previous studies of relevant issues in this area, that is, "only analyze respectively, but no integrate syntheically", They did not touch upon the common substance of all the principles or criterions, as a result, it was hard for the principles or criterions to become harmonious and unifide with each other. Then the author points out that the two-leveled system of principles of civil imputation is a feasible choice to get the unity of the various principes.The second part is about the fundamental principle of tort impution. Firstly, from the angle of the social function of tort law.the author expounds that the legislative aim of the system of tort imputation is to recover the balance of benefit between relevant people, and that all the principles and practices of imputation and their evolution are determined by the legislative aim of the system of tort imputation in the final analysis. Then he draws a conclusion that the fundamenal principle of tort imputation should be to receover the balance of benefit between the parties concerned.The third part is about the specific principles of tort imputation. The author expounds the three specific primciples as the links between the fundamental principleand a variety of concrete imputing practices: the principle of imputing on fault, the principle of imputing on faultless, the principle of imputing on equity. These principles are original in many ways in comparison with the previous ones, which had a common defect of conflicting with each other though they had their respective rational theories. Being the specialization of the fundamental principle, the specific principles have a common substance, so their application in imputing practice can be judged and evaluated with a common yardstick. In this part, the author analyses some specific conditons of applying the principles somewhat originally. The fourth part is about the summary.