In The Civil Tort Of Negligence

Tort liability of negligence is a critical part in Law of Tort. There are relatively much more disagreements among the judge of negligence, cognizance of aggravated negligence and contributory negligence in practice. In modern times, theory of tort emphasizes particularly on reviewing negligence from objective aspect which requires the behavior's violation of his notice obligation and damage to others. This requirement of the behavior is above moderate standard from both law and morality. If the behavior fails to satisfy common person's notice negligence, let alone the special notice obligation, it indicates that he pays no attention on the result as well as others benefit. In this condition, we could conclude that the behavior has aggravated negligence. Contributory negligence means that when the damage happens or even enlarges, the court can mitigate or relieve the inflicter's responsibility if the victim also has his own negligence. Thus, it allots the burden of bearing damage equally and reasonably. Standard of compensation amount varieties theoretically. The law, called《Interpretations on Issues of Law Applicable to cases of Compensation for Personal Injury by the Supreme People's Court》, attaches importance to the review of cause-effect relationship and causation compare.