On The Applicable Conditions Of Fair Liability With A Case Study On Li Kaiqiang And Song Lin's Traffic Accident

Attribution principle has always been a hot issue in academic study and debates on the system of attribution principles has never ceased. Despite the subsequent appearances and applications of various methodologies including monism, dualism, pluralism, ternary, no conclusion has yet been made. Among all the debates, the principle of fair liability probably remains one focus of arguments. As a product of modern civil law, the principle of fair liability just serves as a specific embodiment of fairness principle and a beneficial complement to the principle of fault and non-fault. A clear definition of the applicable conditions for the principle of fair liability is the precedent condition for theoretical studies and judicial application. Besides, it is also an important way in correctly interpreting the basic spirit and legislative intent of China's civil law.This paper is intended to make an analytical study on the traffic accident of Li Kaiqiang and Song Lin on the basis pluralism system in combination with the second instance verdict. Through analysis on and exploration into recognition of relevant facts, the application of law and the judgment of value, the paper clarifies the focus of controversy in the two parties involved, attempt to summarize the applicable conditions for the principle of fair liability and present some suggestion for improving the legislative and judicial aspects of China's law system. It is sincerely hoped that the paper will be of some referential significance to the settlement of such similar case as discussed in the paper.