On The Law Of Torts Attributable To The Principle Of Reasonable System

Criterion of liability of tort law is one of issues that our civil law circle dispute most in recent years. Criterion of liability in fact is basic principle of torts, is general guidelines to apply law of torts, is spirit and soul of tort law.we have to study them well before research tort law . Our country is in the period of building the well-to-do society in an all-round way at present, the market economic system is perfecting constantly, will reach the average level of medium-developed country by the middle of this century. To structure our country system of criterion of liability for tort law, we should comply with the realistic economic condition of our country and current legislation reality, and the practice of justice. We should also refer to the legislative experiences of different countries in the world and consider era development and the need of formulating an open Chinese civil code. Based on above understanding, the writer thinks our country should construct system that consists of responsibility principle of fault, responsibility principle of no-fault and fair responsibility principle.and discusses it by following five parts . First To interpret the meanings of imputations , principle ,Criterion of liability . Second To use detailed historical documents to present the long history, from the start of human society to the modern time, of how Criterion of liability evolved. From the appearance of the Injury responsibilityandFault responsibility, through the rise of the Deduction of fault and No-fault responsibility, to the fair responsibility, the evolvement of Criterion of liability exhibits a diversifying trend. Third To analyse and explain, base on the General Rule of the Civil Law, the contents of responsibility principle of fault, responsibility principle of no-fault and fair responsibility principle. Then distinguish the three principles through citing cases to expounded at large their different applicabilities. Fourth The issue of whether fair responsibility could be regarded as criterion of liability is extremely disputed; some approve it while others disapprove it, the writer agrees with the former. Criterion of liability should be understudied from an angel of quality rather than quantity; we cannot deny the fair responsibility principle only by common formal logic either. Fifth The issue of whether Deduction of fault could be regarded as criterion of liability is extremely disputed; some approve it while others disapprove it, the writer agrees with the latter. it is just a special form of responsibility principle of fault that still takes faults as the base of responsibility .