Study On Tort Law Imputation Principle

Tort Imputation Principle is the basis and standard for identifying tort liabilities of a infringer, and it is the theoretical core of the tort law. Establishing a scientific and reasonable imputation principle system has a great significance for perfecting the content and system of the whole tort law. This thesis puts out that the substance of tort imputation principle is fault liability principle, of which fault deduction principle and no fault principle are both special forms; the so-called equitable liability principle is only the value objective pursued by imputation principle, and it by itself is not an independent principle of imputation.The first part of this thesis expounds the basic definition and developing tendency of imputation principle, as well as the basic problems of imputation principle system, putting out that the tort law of our country should establish a unified imputation principle system.The second part makes detailed discussion on fault liability principle, which is the core of imputation principle, emphasizing the issues of fault liability principle including its definition, functions, constitutional elements, and range of application, etc. Based on this, this thesis puts out its own opinions as to the identification of"fault"in legal practice. This part also sets forth the influence of liability insurance and social security policies on fault liability principle.The third part mainly discusses the definitions of fault deduction principle, no fault pinciple and their cases of application in legal practice. Meanwhile, it is put out that the so-called equitable liability principle cannot become an independent principle of imputation.The fourth part puts out that the legislation mode of the tort law of our country should define fault liability principle as a general clause; besides, this part also discusses the imputation principle of some special tort cases in the present legal practice.