Principle Of Fault Liability Study

Since there is human being, there is tort. The important function of tort law is how to balance the interest between the actors' and the victims'. The liability principle which is the core of tort law reflects the values of tort law. Along with the development of society, the liability principle in tort law has changed many times. At last, the fault liability principle established a basic position in liability principle system. The real reason that the actors hold liability for the victims' damages is fault. But what's the essence of fault? Which standard should be adopted on judging fault? Solving these problems correctly is important in perfecting tort law. The thesis systematically and deeply elaborates the fault liability principle on six parts:Part I : Introduction. It briefly discusses the historical development of the fault liability principle and preliminarily analyses the reason of the emergence and the development of the fault liability principle. And it briefly states two opinions on the development tendency of the fault liability principle.Part II: Fault liability principle defined. It expounds the conception and the development process of the fault liability principle. And it deeply discusses the relationship between the fault liability principle and the other liability principles. At last, it draws a conclusion that the fault liability principle is the foundation of the whole liability principle system.Part III: Fault. It expounds the conception and the classification of fault. After discussing the two standards on judging fault, it concludes that the concrete standard should be adopted on intent and the abstract standard should be adopted on negligence.Part IV: Foundation and function of the fault liability principle. It deeply examines the foundation and the function of the fault liability principle from different angles. And it brilliantly expounds the merits of the fault liability principle.Part V: Application of the fault liability principle. It deeply discusses the problems arising from the application of the fault liability principle, such as responsibility, joint fault, comparative fault and demonstration of fault.Part VI: Crisis and countermeasures of the fault liability principle. It expounds the default and the crisis of the fault liability principle, and proposes some constructive countermeasures on how to perfect the fault liability principle.