Probing Contributory Negligence In Tort Law

Because our country legal system is increasingly becoming perfect, tort law vitally related the conduct and actions of people is becoming more and more important in supporting the social and economic order, however ,some important problems in the tort law still exist, as a result it's necessary to carry on the research and release clear. Contributory negligence is one of them.Contributory negligence means on occurrence or expansion of damage, the liability for compensation of the injuring party should be diminished or remitted when the injured party has negligence. As a principle of damage compensation, is deemed to have three essential elements: infringing act from the injuring party, negligence from the injured party and the causality between the damage and the fringement .As a damage compensation rule, it has been accepted broadly both in the field of theory and that of practice. But because reality life is various , and the above items still show contributory negligence too general ,at the civil theories and the judgment field , many scholors and judgers still know little about the contributory negligence and how to carry on it, especially while taking up the infringement cases, improperly use it still exit.This text is from the lawmaking, legal theory and the actual existent reason and the related problems to carry on a study, trying to put forward the advantageous function to carries out the contributory negligence. This text's structure is as follows: The first part introduces the basic theories. The second part concretely discussed Contributory negligence. The third part discussed the scope and practice method carried on the implement .The execution scope that victimizes a person can't come to a deadlock ground victimize the person's mistake to limit in victimize a person directly, can't extend excessively, either, should limit for have the person of particular relation certainly. The writer hope to explain important theories of the contributory negligence system and future better it in lawmaking and practice.