On The Fault Offset Rules

The rule of contributory negligence means a system, which mitigates and exempts the debtor's damages liability by law when the sufferer has fault to the occurrence of damages or the expansion of damages. The rule applies not only to the field of liability for wrongs, but also to the field of liability without fault. The theoretical basis of contributory negligence's system roots in equitable principle and the principle of self-undertaked liability. It's mainly composed of the subject aspect that the sufferer has the subjective fault and the object aspect that sufferer's behavior must be improper and have causation with damages. The application of contributory negligence in practice is:(1) comparing the faults of sufferer and injuring party;(2) then comparing the cause degree that sufferer and injuring party cause the damages respectively. Its application mainly depends on free judicial discretion of judges, which , in consequence, strictly abides by its important constructive conditions and the doctrine of good faith and equality.