Font Size: a A A

Fault Offset In Tort Law

Posted on:2011-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:T T FeiFull Text:PDF
GTID:2166360305982370Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Fault offset is a rule to determine responsibility assignment in the tort law. Its essence is that In order to seek fairness between the perpetrators and the victim,When the victims is fault to cause the occurred or expansion of the damage may reduce or waive the liability of perpetrators. Tort law would have an impact on the interest groups they represent,In view of this,we must be careful to the design the fault offset rules,so that perpetrators and victims contribute to achieving a interests balance eventually. Fault offset is very deep in theory and fairly complex in practice. Whether the fault of the victim or reduce the perpetrator's responsibility, it is difficult to find a suitable operational standard. There are lots of problems in our legislation and judicial practice. our legislation is underdeveloped and the judicial practice is not consistent,and there are a lot of blank spots in theory. This article attempts to start from the theoretical basics, through the study of comparative law obtained various of Correct theory about fault offset that can guide the practice,and try to improve the processing framework of fault offset in China tort law,with a wish of help establish a scientific and rational and easy to operate fault offset system.Besides the preface and conclusion,the paper is divided into six parts. The first part analyzes the concepts and theoretical basis of fault offset. By analyzing the difference between fault offset and other similar systems,clear the connotation and extension of fault offset, Then reveals the theory bases of the fault offset and its development trend. The most common justification of fault offset is justice and fairness.The second part through a historical research about fault offset,find there is a same trend towards fuller compensation for the victim's both in civil law and common law system because of the socio-economic development and the function of tort law changes.The third part analyzes the component condition of fault offset .There is four conditions: The victim must have a fault; the victim's fault conduct must be improper conduct; the victim's fault must be the reason for the same damage occurred or expand; the victim must have the capacity to assume duty.The fourth part analyzes the application sphere of fault offset , under certain circumstances ,the fault of he third party can be considered as the victim when they have a closely relationship,and point out that fault offset is suitable in all turns over to the responsibility principle except for the fair responsibility,The fifth part analyzes the specific method of operation. When only the victim suffered unilateral damage,there are there methods: compare fault extent,compare The cause relationship,have a comprehensive consideration of the fault extent and causes relationship to determined,different approaches should be taken by different Imputation Principles. When the two sides have both suffered damage,the specific method are single-ism and cross-ism.The sixth part have a detail analysis about fault offset in our legislative and judicial practice current situation,points out the shortcomings, and on this basis,put forward some of my own views On improving China's fault offset system.
Keywords/Search Tags:Fault offset, Hybrid fault, The victims fault, Fault extent, Cause relationship, Damage compensation
PDF Full Text Request
Related items