On Equitable Liability Principle

Equitable Liability Principle, as one of the fundamental and important act of tort law in China, exerts a positive influence on solution for civil disputes, effectively safeguards the legitimate rights and interests of citizens, and enormously promotes social harmony by filling the modulation gap between fault liability principle and liability without fault principle. Nevertheless, owing to its strong sense of morality, equitableness is an ambiguous concept in tort law which arouses various controversies in terms of its definition, legal status, etc. It was widely accepted by the most of scholars that Equitable Liability Principle should be categorized as the principle of tort liability fixation; however, logic tension of this problem remains palpable. Hence, our cognition on Equitable Liability Principle should be enhanced with the development legislative practice. The promulgation of Tort Liability Law provides a favorable condition for the redefinition of Equitable Liability Principle and a profound understanding of its inner logic. Modern tort law gradually forms a new responsibilities distribution mechanism mainly focusing on the infringed-protection, aiming at rational loss sharing as well as the solution of social conflict. Essentially, Equitable Liability Principle is loss sharing principle which is an indispensable supplement but not a component of tort liability imputation principle. Only a proper and comprehensive understanding of its definition and legislative status can guarantee an effective judicial practice. This thesis consists of three chapters. Chapter One mainly discusses the definition of Equitable Liability Principle and emphasizes its essence—loss sharing principle. In Chapter Two, the author probes into its legal status, mainly elaborates the distinctions between Equitable Liability Principle and tort liability imputation principle, and explores the account for excluding it from principle of imputation. Chapter Three focuses on the application of Equitable Liability Principle on the basis of legislative and judicial practice.