On The Doctrine Of Liability Fixation For Tortuous Act

Doctrine of liability fixation for tortious act is a general regulation that decides the civil liability of the actor for the damage brought to another person due to its behavior or belongings. It is the reason and standard or ultimately decisive essential elements for determining civil liability born by the actor; it's also guidelines of legislation and basic norm by which judicial authorities should abide when dealing with infringement disputes. For liability with fault, fault is the base for civil liability. For liability without fault, the base for civil liability is not fault but other causes. Doctrine of liability fixation for tortious act in China includes principle of liability with fault and principle of liability without fault.Principle of liability with fault regard subjective fault as the necessary and sufficient conditions for the actor to bear civil liability, namely, the actor bears civil liability only when he/she has faults; without faults, he/she does not bear civil liability. Principle of liability with fault is the code of behavior that could enhance people's moral level. It determines liability for tort, relieves and prevents damage caused by tort, and coordinates interest conflicts. The application of principle of liability with fault consists of application scope, application methods, relevant victims and fault of the third person. The current law if China is not perfect in stipulation about liability for breaking safety assurance obligation, fault of educational institutions and ordering party and determining compensation liability for traffic accidents.Liability without fault means that the actor should bear the civil liability no matter he has fault or not according to law for damages caused by his act. Principle of liability without fault has special stipulations on the applicable objects; it does not take the faults of the person causing the injury into consideration. Tortious act has the characteristics of the injurious act, damage and the causal relationship between them. There are special regulations on the scope of application, methods of application, and limitation of liability and conditions of no responsibility. The cases such as tortious liability, employer's liability, the liability of volunteer workers, and civil liability in medical accident when the government organs or personnel of government organs carry out their duties should be regulated in great detail.The author thinks that the legislation shall stipulates that principle with faults shall apply to all tortious acts; only when both parties have no fault or the person causing the injury has no fault, the principle of liability without fault might be used; and there shall be a limitation for compensation in law; and the special tortious acts shall be classified into different categories.