Studying On Equitable Liability Principle

The principle of responsibility imputation in the act of tort is the principle of responsibility imputation. It is the basis and standard that determines behavior's responsibility of civil liability and it comes through the act of tort which is the guiding rule that standardizes all particular behaviors of act of tort. The act of tort is the organic part of civil liability. So the responsibility imputation in the act of tort is the concretization of the basic principle of civil liability in the field of act of tort. Responsibility imputation is the pole of forming the content and system of act of tort. It plays a very important role in the act of tort. To form the reasonable responsibility imputation and build coherent principle of responsible imputation system is actually equal to build the content and system of the whole act of tort. The equitable liability principle is one in the law of tort and it is the concretion of equitable principle. Thus is the so-called equitable liability principle which, as a separate imputation principle, is a helpful supplement to fault liability principle and liability without fault principle. Therefore, it is of great use in the present stage of China's socialism. The principle of equitable liability is necessary to build a harmonious society as result of China's weak social security. An accurate understanding about the basic spirit and the legislative intent of China's civil law and a clear definition of the scope of application of the equitable liability principle are the prerequisite of our theoretical study and judicial application.This thesis mainly analyzes and demonstrates several basic questions about equitable liability principle. The article is composed by three chapters:The first chapter is a general introduction to the equitable liability principle including its birth and development, the equitable liability principle concept defined by the academic world and a differentiation between equitable liability principle and the equitable principle.Chapter two gives an analysis and demonstration to the status of equitable liability principle in the imputation principle system and summarizes the basis of the equitable liability principle as an imputation principle by analyzing the imputation principle system in China and scholars' attitude towards the equitable liability principle. Moreover, a proposition is provided here that the equitable liability principle is an item independent in the imputation principle system after a comparison of relations between the three imputation principles in law of tort in our country.The third chapter mainly concerns about the application of the equitable liability principle. First an analysis of problems arising from the application of equitable liability principle to our country judicature practice is given, then an innovation concerning the suitable method. Also the application scope of equitable liability principle is revealed through researches on legal rules in China.