A Study On The Civil Responsibility Of The Fault Of The Injured Party

As the cause of mitigating & immunity civil responsibility of the defendant, the fault of the injured party has not been paid enough attention to in the statute and the theoretical circle, for its simplicity and without the systematic study. There are many drawbacks in practice, which leading to deal with the issues inefficiently and the court verdict has less authority. For sharing the duties, weighing and protecting different party's interests, and also embodying the inherent function of the fault, the thesis discuss the civil responsibility profoundly in a comparative way. It learns from other countries' relative legislation & theories, practically to provide the proposals for our country, hoping do something to develop the theory in this field and build up the comprehensive civil law, to protect the parties' interests fair and just.This thesis consists of four chapters. First, it looks at the rules & regulations of the fault of the injured party all-side and thoroughly. It inspects the nature, characters, connotation, classification of the fault of the injured party and unusual solution under the special circumstances in western countries, esp. the two legal families. Accordingly, the author points out the deficiency of our country's regulation and to provide the opinion. The author believes that the fault of the injured is against its own duty to himself, which has two types. In this chapter, it says more about complete fault of the injured, which are assumption of risk and ex turpi causa non oritur action. In Chapter Two, the author expounds the connected theories, the foreign legislations & judicial practice, the scope of responsibility of the injured party in a comparative way. Particularly, it discussesthis topic in the traffic accident. Practically, the author agrees to share the responsibilities between parties, according to the degree of the fault of the injured and then the cause & the condition. Consequently, it exposes the drawbacks of our law in this field, and then to provide the proposals for legislation in Chapter Three. If the injured has fault for his damage, the opposite has the defense to mitigate or immunity his responsibility. And also, the count exercises it. At the same time, we should pay more attention to judicial interpretation and judicial precedent relatively. In the last chapter, the author proves the proposals practical by judicial practice, expert suggestion and the passing of the connected statutes. Incidentally, it points out the shortcoming of the experts' proposals.The author believes that the law should list the articles in detail about the civil responsibility of the fault of the injured party, in order for acquiring fair-and-just judgment. At the same time, more attention should be paid to the judicial explanation & the existing cases, to solve the new problems in this field. All in all, as the cause of mitigating & immunity civil responsibility of the defendant, the fault of the injured party applies to the fields of physical injury, property damage & psychiatric injury, and the court exercises its functions & powers actively. Thus, the law casts equal attention to the parties to weigh their respective rights & interests. Then, the society of the rule of the law will appear last.