The Application Studying Of The Negligence Rules

This article Negligence Rules in the starting defect, through empirical investigation, drawing on foreign experience for Negligence Rules and the actual practice of our courts, contributory negligence rule put forward a sound theoretical thinking and leg is lative design proposals.The first part of "contributory negligence rule in tort for the scope." First introduced the no-fault liability and contributory negligence rule applies, followed by analysis of contributory negligence rule applies to the fault of the main range, once again, explained the contributory negligence of the rules of judicial practice, the main fault of the scope of the final rule describes the types of damages Negligence.The second part of the application of the rules from the way of contributory negligence proceeding, the court elaborated on its own initiative should be based on the rules applicable to contributory negligence doctrine and the use of theoretical terms; and from the victim is at fault, the victim must have malpractice, the victim's misconduct behavior is the common occurrence of the damage or the cause of expansion, capable of reaching the civil liability of a legal analysis of four aspects of the applicable conditions of contributory negligence rule.The third part is "the specific application of the rules of contributory negligence standard" and causes through the power of comparative fault, comparative analysis of the practice in judicial practice, and thus our future mode of choice recommendations.