The Research Of The Contributory Negligence Principle In Tort Law

The Contributory Negligence Principle plays an important role in contemporary civil law.This principle accord with the rule one should burden ones own fault and represents the pursue of justice and righteousness of law.This paper,studied the contributory Negligence Principle from the aspect of law of torts.The author has put forward her own suggestions about the different issues.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.Contributory Negligence is different from some similar concepts such as the gains offset the losses,assumption of risk,break the chain of causation.Contributory Negligence is different from some similar concepts such as the gains offset the losses,assumption of risk,break the chain of causation. Contributory Negligence is the amendment of Pond's rule,and the former has been applied widely in continental law system as well as common law system.The essential elements of Contributory Negligence.The component elements art three:the victim has error;the victim's actions are improper,causationExpounding the principle from the aspect of theory foundation.The author has studied Contributory Negligence from the aspect of jurisprudence and legal economist. This principle accord with the pursue of justice and righteousness of law,it also accord with the economical purpose which is represented by the negligence formula of Judge Learned Hand,Posner's theorem and Hend's rule.The application of Contributory Negligence.The victim' s contributory negligence ability is not necessary.Moreover,in the perspective of principles of assumed liability it not only applies in the common behaviors which is taking the fault principle responsibility as in the principle,also applies in the non-fault responsibility for in the principle special right damage.The bilateral responsibility scope,in the fault responsibility right infringement case is mainly determined by the seriousness of the bilateral fault,in the non-mistake responsibility right infringement case which is determined by the reason which occur to the victim and the inflictor.