Research Into The Principle Of Fair Liability

The Tort Liability Act (TLA) is being made in China now. As a part of the social legal system, TLA occupies an important position in social life. Running through the entire legal system of TLA, Attribution Principle is the core and soul in TLA and it plays a key role in determining and committing tort liability, so it is the basic criteria of confirming tort liability. On the problem of Attribution Principle, scholars have different views, mainly including Monism, Dualism and Ternary. The author analyzes the evolvement of Attribution Principle in history and the pros and cons of the present Attribution Principle by historical analysis and comparison analysis. After that the author concludes what Attribution Principle Chinese TLA should have, offering suggestions for the present legislation.Firstly ,the author analyzes not only the development of Attribution Principle, from the Hurt Principle in ancient society to the Fault Liability Principle in modern times to the No-fault Liability Principle in the present age, but also the relationship between each Attribution Principle with economic base and political system, summing up the historical rule of the development of Attribution Principle. Secondly , the author researches the appearance and the development of the Principle of Fair Liability and its legal position in each country, establishing the independence and necessity of the Principle of Fair Liability in Chinese TLA. Through vertical and horizontal comparison, the author proposes a more scientific principle of attribution system, i.e. ternary system of Attribution Principle which is based on the fault Liability Principle and the No-fault Liability Principle, supplemented by the Principle of Fair Liability.Considering the Fault Liability Principle and the No-fault Liability Principle have undergone years of development and been accepted by the majority of the people, the author mainly focuses on the Principle of Fair Liability. The author defines the Fair Liability correctly by discussing the concept and the characteristic of the Principle of Fair Liability; demonstrates the independence of the Principle of Fair Liability in Chinese TLA by analyzing the differences between Fair Liability and Fault Liability and No-fault Liability; discusses the value and meaning of the Principle of Fair Liability by analyzing the aim and use of the Principle of Fair Liability .Next, the author focuses on the application of the Principle of Fair Liability and proposes three principles to commit fair liability, i.e. substantial fairness, mainly depending on compensation and principle of discretion. Especially the author at large discusses nine situations in which the Principle of Fair Liability is applied: Emergency Hedge; Good Samaritan; Obligations Helper; Civil liability of minor damage to others; Hitchhiking; Voluntary Sports; Collaboration and providing labor services; Common Adventure; Proper Implementation of public affairs. Then the author proposes more detailed standards and plans to commit fair liability in each case.At last, the author hopes the Principle of Fair Liability will be established in the TLA to be developed; and at the same time, the author also hopes the excellent judges can interpret the law and apply discretionary power according to the concept of fairness and justice. Besides, the author hopes many outstanding cases can play an important part in guiding the application and implementation of the Principle of Fair Liability. Most importantly, the author is glad to see the overwhelming majority of people are full of expectation and confidence for the Principle of Fair Liability, fairness and justice and the coming Chinese TLA.