Font Size: a A A

Rational Application Of Equitable Liability In Medical Tortious In Our Country

Posted on:2008-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y HuangFull Text:PDF
GTID:2166360242959492Subject:Law
Abstract/Summary:PDF Full Text Request
Equitable liability is the responsibility that uses in one circumstance that the harm is not caused by two parties'fault, but the court in accordance with the concept of fairness and considering the property of the parties and other circumstances orders two parties to give the victim adequate compensation for loss of property. The 132nd article of The Civil Law of our country clearly stipulates:'The parties have not caused damage with fault, the victim's loss shared by the parties according to the actual situation.'Equitable liability may make up the responsibility for fault and no-fault liability gaps in the scope, and it has its specific adaptation. Whether it is fit to apply equitable liability in the field of medical tort, no clear legislative provisions can be used. The theoretical circles have different views on the application of the equitable liability and the court applied different principle of attribution in similar cases. So the argumentation of the equitable liability in the field of medical tort is of great significance.This article tries from basic characteristicand and application scope of the equitable liability. Then through expending the theoretical differences of independence of the equitable liability and estimating application of the equitable liability in practice, the article explains the current status of the equitable liability in the medical tort field. The article focused on relationship between the the equitable liability and responsibilities associated, including the discretion of the judge, presumed causality, presumption of fault, with a view to put up some ideas on the application of the equitable liability in the medical tort field. The final part of the article releases the application of equitable liability in the medical tort field, and express the methods for improvement.
Keywords/Search Tags:medical tort, fair responsibility, causality
PDF Full Text Request
Related items