Studying On Equitable Liability Principle

The core issue of the law of tort is the imputation for tort which has been the emphasis of many scholars' researches and discussions at all times. Among those, the dispute over the system of imputation principle never ends. No matter monism, dualism, trialism are applied, the equitable liability principle is always the key of the controversy. The idea of "equitableness" exists earlier in ancient laws, but to consider equitableness as a principle of imputation is a product of modern civil law. Here the "equitableness" differs from that in the basic principle of civil law. The equitable liability principle is one in the law of tort and it is the concretion of equitable principle. When both parties do nothing wrong to the damages caused and the case is not applicable to liability without fault according to the stipulation of law, considering the wronged person's damages, both parties' property status and other circumstances, the people's court judges that the wrongdoer pay compensation to the wronged person for his property damages according to the idea of equitableness. Thus is the so-called equitable liability principle, which, as a separate imputation principle, is a helpful supplement to fault liability principle and liability without fault principle. Therefore, it is of great use in the present stage of China's socialism. An accurate understanding about the basic spirit and the legislative intent of China's civil law and a clear definition of the scope of application of the equitable liability principle are the prerequisite of our theoretical study and judicial application.Many research techniques such as literature survey procedure, comparison analytic method and case analytic method have been utilized in this article to analyze and demonstrate several basic questions about equitable liability principle. The article is composed by three parts:The first part is a general introduction to the equitable liability principle including its birth and development, the equitable liability principle concept defined by the academic world and a differentiation between equitable liability principle and the equitable principle.Part two gives an analysis and demonstration to the status of equitable liability principle in the imputation principle system and summarizes the basis of the equitable liability principle as an imputation principle by analyzing the imputation principle system in China and scholars' attitude towards the equitable liability principle. Moreover, a proposition is provided here that the equitable liability principle is an item independent in the imputation principle system after a comparison of relations between the three imputation principles in law of tort in our country.The third chapter mainly concerns about the application of the equitable liability principle. First an analysis of problems arising from the application of equitable liability principle to our country judicature practice is given, then an innovation concerning the suitable method. The three basic judgments during its application are proposed. Also the application scope of equitable liability principle is revealed through researches on legal rules in China. Finally, it gives a proposal that improvements of related system should be made to solve other problems in the application of equitable liability principle.