Infringement Attributable To New Exploration

The core of Torts is the principle of Imputation which embodies the ethos of Torts. The evolution of the type of principle of Imputation generally experienced sequences of result responsibility, Akuiliya responsibility, subjective fault liability, the objectivation of fault, liability without fault or strict liability and equitable liability or fair responsibilityImputation refers to the attribution of responsibility, that is, who should be responsible Responsibility is the result of imputation, Imputation finds basis for the establishment of responsibility.but imputation does not mean the inevitable generation of responsibility The establishment of liability depends on whether the act of the perpetrators and its consequences are in line with the constituent elements of the responsibility. The principle of Imputation refers to the legal basis or rules deciding the actor should be responsible for their acts or objects or the behavior of others or the property under their management causing the damage. What Imputation principle tries to solve is to establish the core based problem when the actor should be responsible for the behavior which leds to the damagement of others or virulent behavior of others under their resposibility, or the virulence of objects owned or managed by themThe principle of fault liability is the general principle of imputation of our tort law system, which has the universal application and is irreplaceable. No-fault liability principle is a special imputation principle under the conditions of modern economic development of tort law, is a supplement of traditional fault liability. In the modern tort law, the no-fault liability principle and the principle of fault liability construct the normative principle of tort liability system. As a complementary and supplementary principle of imputation, fault liability and no-fault liability, fair and responsibility is based on fair concept as a value criterion to determine the attribution of responsibility.Strict liability is a concept belonged to English and French law system. There is no strict liability in our country. Strict liability is equal to the no-fault liability in the civil law, Although the perpetrator is without fault of the damage took place on selected vertical, also bear the liability for damages, though already built a system of integrity, but has not yet unify their name. Strict liability is conducive to reducing litigation costs. The difference between Strict liability and fault liability lies in the following aspects:giving perpetrators activity levels through changes in incentives to avoid accidents, information, and litigation costs, and insurance measures, legally responsible for the scale and profitability. Seeing so many differences, we do not want to choose a pure tort system, fault or strict liability of pure choice, do not want at all times both of them in a equal statueFrom an economic point of view, tort law should internalize the external issues caused by the high costs of transaction, the goal of tort law is to prevent cost and minimize the accident costs. If you take into account the impact of the insurance element on the tort law, then in a fully competitive market system of insurance, the establishment of tort liability should seek to minimize the sum of cost of prevention, accident and insurance premiums of the overall Insurance system was originally intended to give up, or at least reducing the accountability of individual responsibility, so that when it is at fault making the price of their fault less heavy, and better protect their living rights. In this imperfect world, the law had to choose strict liability to raplace the liability for negligence. The insurance industry in China is now developing. In order to strengthen the protection of victims and increase the weight of strict liability we must develop the insurance industry and improve the comprehensive economic strength. In the process of tort liability in traffic accidents, the most effective form of rules is to implement a fault-defense of strict liability, which can enhance the prevention of traffic accidents and reached a minimum of social costs, and reflects the legal right to the highest respect and protection for the living right.