The Application Of The Principle Of Liability For Fault Liability In Judicial Practice

Implementation of Tort Law Chinese Civil Code marks an important step on the road,tort law as a civil rights protection law and property law, contract law together constitute themain body of China’s civil law system. People’s Court accepted civil infringement cases is animportant type of infringement cases to the parties directly involved in civil rights, especiallywith regard to personal rights and interests associated with the absolute right to such disputesto the parties and their families can not harm measure. Fault liability principle is the fault ofthe perpetrator as a value judgment criterion to determine the perpetrator whether damagesshould bear the liability responsibility principle. Principle of fault liability in tort generalresponsibility principle, Tort Liability is based on the principle of the system, but also thejudicial practice of handling infringement cases for the most common responsibility principle.In this paper, the principle of fault liability attributable to the basic theory of the start, throughthe analysis of the basic concepts of the historical development of the principle of faultliability review of introduction, review of tort law principles regarding fault Liabilityprovisions, as well as judicial practice specific cases and issues assessment, in order for theprinciple of fault liability in judicial practice some understanding of the value.The first part of this article describes the main contents of judicial practice in cases ofinfringement cases and court cases referee results, and present cases to summarize thedifferences presented in this paper focuses on the problem, namely the principle of faultliability in judicial practice use. The second part of this paper, using the method ofcomparative analysis of the basic concepts of the principle of fault liability, the theoreticalbasis was introduced and made analysis, the principle of fault liability Tort Liability System isthe foundation and core. The third part of the tort liability legislation and judicial practicestatus quo analysis of the problems and propose the principle of fault liability in judicialpractice in the use of the model. The fourth part of this article on how the principle of faultliability in judicial practice in the use of an analysis. The fifth part of this article, on theprinciple of fault liability cases for analysis of the situation.