No-fault Liability Principle Study

Attributive principle is the soul of Law of Torts and is the core of the theory of Law of Torts. In the 19^th century, monism characterized by principle of fault took up the leading position of the Law of Torts and no fault means no liability which means persons are liable for their own malpractice. With the increasing development of social life, attributive principles changes, too. Entering into the 20^th century, on the one hand, the rapid advancement of technology promotes the massive development of productivity helping the traditional agricultural society transformed into modern industrial society; on the other hand, it causes unavoidable disasters to the society like industrial disasters, traffic accidents, and environmental pollution and so on. The victims could not be remedied usually because of failure to the burden of proof if the principle of fault is applied to these dangerous accidents. Evidently, sole attributive principle could not solve increasingly complicated tortuous liabilities, therefore, attributive principles develops from monism to pluralism. Principle of no-fault liability was born under this historical background. More and more countries adopt this principle and explicate it in the legislation. However, under the control of stubborn mainstream of fault principle, no-fault principle could not get due respect and research in order that many confusing ideas about no-fault principle exist. Could no-fault principle be an independent attributive principle? What is its theoretical basis? What is its value? There is no definite answer.Currently, no-fault principle is quite weak in research and legislation in order to confuse the application in the judicial practice. Based on this, this paper adopts creative way of induction and deduction to clarify the history of original face of no-fault principle thereby analyses its reasonable value and theoretical foundation and recognizes its due status in the Law of Torts. Finally, under the context of ongoing drafting of civil code and Law of Torts, this paper analyses the problems of no-fault principle and provides suggestions to perfect this principle in order that this theory could applied in full extent and plays its due value and function. This paper could be divided into six parts:In part one, this part deals with origin and booming of principle of no-fault liability. The writer here analyze its original face and uncover its zigzag developing road and explicate its reasonability and value in the angles origin of principle of no-fault liability, its period lagging development and its following booming.In part two, this part deals with the values of modern principle of no-fault liability. The writer here hold that interest-loss mode could help realization of the function of modern law of torts from the angle of institutional function of principle of no-fault liability. And further, this part uncovers the potential value of this principle which is attributive justice in order that value basis of modern principle of no-fault liability is established.In part three, it deals with theoretical construction of modern principle of no-fault liability. The writer here construct its theoretical basis by theory of social association through analysis of sociology and law combined with context of booming of principle of no-fault liability. Under the precondition of its theoretical basis, the writer here analyze the basis and standard of tortuous liability of feasors during the condition of no-fault which is the attributive basis and try to perfect the principle in the angles of theory and practice.In part four, it deals with the current legislation of this principle among the main countries. The writer here talk about the legislation and its mode among these countries with France and German as the representatives of the Continental legal system and America as the representatives of the case law system thereby offer the reference to the Chinese legislation.Part five deals with the current legislation and theoretical troubles of Chinese no-fault principle. The writer here firstly analyze the current legislation of our country and expatiate several circumstances of application; and then bring forward four main troubles of no-fault principle like its impunity, whether mutual faults could be balanced out, its maxim compensation limits and whether this principle could be independent and try to sort out the solutions to provide basis for the perfection of the principle.Part six deals with perfection and development of no-fault principle in our country. The writer here provides suggestions to the future Tort Law from three aspects of theoretical basis of no-fault principle construction, its legislative mode and relative efforts of perfection.