Tort Law Attributable To The Principle Theory

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 conies 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 principle of responsibility imputation changes with the development of our social life. Since the last century, with the fast development of scientific technology and the whole level of productive forces and the complication of modern social structure, the act of tort has already penetrated into the different levels of the social structure. At the same time, because of the development of social economy, the accident of harms increased greatly, so the function of act of tort has expanded andchanged and the single principle of responsibility imputation cannot solve the complicated problem of responsibility of violating other's lawful rights. Thus it would lead to the varieties of the principle of responsibility imputation.The system of the principle of responsibility imputation refers to the systematic structure that forms its inner logic connection. To judge whether the act of tort system is perfect and reasonable depends in the large scale on whether its principle of responsibility imputation system has been founded. Generally speaking, there are three representative systems proposed by scholars: monistic system, dualistic system and triple system. Chinese scholars have got their own view point to the question: the first is to consider that the system is formed by the principle of fault responsibility; the second point of view is to consider that it is formed by the principle of fault responsibility and non-fault responsibility; and the third point of view is to consider that it is formed by fault responsibility principle, non-fault responsibility principle and fair responsibility principle.Fault responsibility principle takes fault behavior as its value standard of judgment. It is the principle that judges the harm that is done by the behavior. Since the 19th century, fault responsibility has become the basic principle of the act of tort and the theory about the fault responsibility has also developed simultaneously. In modern times, the development of bigindustry also brings a lot of social problems. New types of harm compensation cases appeared more frequently. According to the original fault responsibility principle, the harmed person could not get efficient relieve compensation. So the non-fault responsibility appeared. In the 17th century the French judge Doma created the theory of constructive fault and the court of France perfected this theory through a series of law cases. Soon such rule has been adopted in some countries. Fair responsibility has been regarded as a principle. In 1917 Sweden takes it as a general principle. Nowadays, it is argued about its usage scope and whether it is adopted as a principle or its law basis. It is worth further discussing.In the present time, it is very important to make up a reasonable principle of responsibility reputation system in order to develop the theory and practice of the act of tort. In China, the act of tort should be built on the basis of the combination of fault responsibility principle, non-fault responsibility principle and fault constructive responsibility principle. The three principle system is reasonable and integral which agree with the development trend of act of tort in the world and it accords with the present e...