Total Fault Principle Inquiry

The personal article 2 of judicial explanation of compensation for damage of the Supreme People's Court stipulates: The victim or expands on purpose, the fault to the same emergence that damages, in accordance with article 131 of the general rule of the civil law, can lighten or avoid and compensate for the obligator's compensation responsibility. Called on studying the science, the balanced principle of the fault. This principle can establish in infringing lawing, is approved extensively by scholar and judicial practitioner, start to go through the constant dispute course from Rome law. Study deepen, modern times when the legal system is being improved constantly such as various countries constantly in law science, trader of the people, law science theoretician and judicial workers, in applicable toing to the balanced principle of the fault, exist fault of victim take how heavy proportion can go on fault to be balanced expand, in emergence and result that damage; The comparison of the fault is that the fault size is a main fact, or take strength size of the reason as the core; The balanced applicable subject range of the fault, is only limited to injured people should include other people; Judge victim to emergence that damage or damage to expand with on purpose or fault(?)standard how fix result; Whether should require victims to have ability with balanced fault when the applicable fault is balanced; In infringe field should applicable fault balanced, how about reflect the particularity specially; Fault balanced principle depend on party doctrine or in accordance with functions and powers doctrine when being applicable; The balanced principle of the applicable fault should suffer the loss of the damages range supported; Dispute in questions such as the calculation of the damages, etc. I draft it in terms of a practitioner, probe into the balanced principle of the fault, expect under the realistic state of development of economics and society of our country, unify the applicable scope with balanced standard, fault of victim's fault, should suffer the loss of relevant dispute such as the damages range supported, in order to make this principle get the fair, just, rational one applicably, reflect the legal principle maintains order, constructs the value with harmonious social stability to pursue.