A Discussion On Contributory Negligence System

Contributory negligence is the system when the victim has the error about happening or enlarging of the damage, the obligor's damage claims duty can be lightened or relieved legally. The No.131 in the General rule of the civil law of china is the basic regulation for this system which is comparatively simple. This system does not become relatively completive then until the Supreme People's Court publishes the judicial interpretation about the compensation for personal damage. The most basic legal basis is the fault principle which one should be responsible for his own behaviors and the concept of fair and justice. The component elements are that: the victim has error; the error actions of the victim must be the reason of happening or enlarging of the damage; the victim's actions are improper; the error must have the ability of Contributory negligence .The condition of application is that the behaviors of the inflictor must be judged as a kind of right violation .The Contributory negligence system applies Not only in all the right infringement Damage compensate domain but also in the breach of contract damage compensate when the scope of application is concerned. Moreover, in the perspective of principles of assumed liability it not only applies in the common behaviors which is taking the fault principle responsibility as in the principle, also applies in the non- fault responsibility for in the principle special right damage. The bilateral responsibility scope, in the fault responsibility right infringement case is mainly determined by the seriousness of the bilateral fault, in the non- mistake responsibility right infringement case which is determined by the reason which occur to the victim and the inflictor.