On Principle Of No Fault Liability

At the end of 19th century, with rapid development of science andtechnology, one the one hand, it has promoted extremely large developmenton productivity and human civilization has stepped into a new stage; on theother hand, danger of industrial society has infiltrated into all aspects ofsocial live and is threatening common security of human beings. Facing withdanger frequently happens, if former Faulty Liability principle is still used,victims could not be rescued for being not able to prove fault made byoffenders, which is extremely not fair to victims. It is the need of reality thathas promoted the generation of Principle of No Fault Liability. Fromhistorical context of generating Principle of No Fault Liability, we couldobserve that the appearance of tort compensation on No Fault Liability is notaccidental, which in fact shows that superstructure changes according toeconomic foundation during social development. Generation of Principle ofNo Fault Liability has brought new vitality to tort law. As a criterion ofliability in Civil Law, Principle of No Fault Liability has a very importantmeaning on civil liability system.Our General Provisions of the Civil Law has stipulated Fault Liabilityand No Fault Liability on civil reliability of tort. However, research onPrinciple of No Fault Liability is rather weak and legislation is not improvedenough. At the time of draft of our Civil Code, how to improve Principle ofNo Fault Liability has great influence on the development of Tort Law.Reviewing formation and development of Principle of No Fault Liability, thisarticle has made analysis compared with other criteria of liabilities. Byexploration on theoretical foundation and drawing lesson from foreignlegislative modes on Principle of No Fault Liability, it has focused ondiscussion on position of Principle of No Fault Liability and its legislativeimprovement. This thesis is divided into three parts: In the part-1: Formation, definition and theoretical foundation ofPrinciple of No Fault LiabilityIn this part, the author takes basic questions as formation, definition ofPrinciple of No Fault Liability, its relationship with relevant principles and itstheoretical base as viewing angle. First, it has analyzed evolution of Principleof No Fault Liability, only by which we could make clear that the appearanceof tort compensation as Principle of No Fault Liability is not accidental. It isin fact an expression showing that superstructure changes according toeconomic foundation during social development. Establishment of Principleof No Fault Liability is a kind of historical necessity and developing trend,which is good to achieve legal fairness and value of justice and order.Definition of Principle of No Fault Liability has cleared out some pitfalls onbasic theoretical questions of Principle of No Fault Liability. Comparativeanalysis on Principle of No Fault Liability with relevant principles hasstrengthened understanding of meaning of Principle of No Fault Liability.Finally, it has made analysis on theoretical foundation of Principle of NoFault Liability, while exploration and recognition of theoretical foundation ofPrinciple of No Fault Liability is good to improve legal system of No FaultLiability and locate its position in liability system in Tort Law accurately, bywhich we could eliminate dispute and reach agreement on legislative andjudicial practice of Principle of No Fault Liability. Therefore, we couldscientifically and accurately recognize its connotation, position and scope ofapplication.By summing up analysis and recognition on basic theoretical questionsof Principle of No Fault Liability, I think Principle of No Fault Liabilityrefers to: fault of the actor will not be taken as liable essential. He has toundertake civil liability only if there is cause-and-effect relationship betweenhis action and harmful result. Liability undertaking must have criterion ofliability clearly stipulated by the law, which aims at compensating losssuffered by the victim. In the part-2: Analysis and lesson drawing on Principle of No FaultLiability from foreign legislationThis part mainly adopts research by comparative method. Analysis hasbeen made on current legislative condition of Principle of No Fault Liabilityin countries using Continental Legal System and Anglo-American LawSystem. The author thought that it is a bit late for Principle of No FaultLiability to enter into our Tort Law field taken as the base and standard tojudge and determine civil liability of tortfeasor, there still exist somedifferences on the accurate mastering of its connotation in our law circle.While establishment of Principle of No Fault Liability in foreign legislationis early, therefore, it is necessary to analyze stipulations of Principle of NoFault Liability in foreign legislation and draw lessons from it. Byinvestigating legislative conditions and modes on No Fault Liability in theseseveral typical countries as Germany, France, Britain and America, we willsummarize their advantages and disadvantages and expound lessons andrevelations it has provided for our legislation of Principle of No FaultLiability.In the part-3: Analysis and improvement on Principle of No FaultLiability in our legislationIn this part, the author has first made an arrangement on stipulations ofPrinciple of No Fault Liability in Civil Law at the present stage in ourcountry, based on which, the author has made an analysis on legislativeprovision of Principle of No Fault Liability in our country and pointed outdeficiencies existing in legislation of Principle of No Fault Liability in ourcountry. The author has also made clearance on position of Principle of NoFault Liability in our Tort Law and provided suggestions on improvement offuture legislation of Principle of No Fault Liability.To sum up, on improvement of Principle of No Fault Liability in ourlegislation: first, we should reinforce position of basic principles of Principleof No Fault Liability and set up general clauses in compiling tort action in Civil Law as principle base existing side by side with Fault Liability; second,on legislative mode, a kind of mode with general clauses, special legislationand supplementary precedents supplementing and supporting each othershould be established. That is, take special legislation as the main content.Only when special legislation is not comprehensive enough with deficiencyon regulations, one could make resubmission with law analogy andprecedents in accordance with general clauses of No Fault Liability; finally,notice to make concrete legal rules of Principle of No Fault Liabilityscientific and elaborate, which is easy to judicial practice.