On Contributory Negligence

Comparative negligence is a very important rule and also a complex and controversial issue. This paper will give a deep analysis on this rule, and this article consists of four separate chapters.The first chapter will be the overview of comparative negligence. This chapter will discuss four question, which is the history evolution, the theoretical basis, the essential characteristics of comparative negligence and the relations between comparative negligence and other related concepts. Comparative negligence derived from Roman Law, it has a long history both in civil law system and in common law countries. In our country, it is also an important rule. During the judicial practice, its positive significance will be more obvious with the time pass away. The theoretical bisis of comparative negligence lies on the fault liability principle. Comparative negligence is the inevitable conclusion of the fault liability principle.The second chapter will discuss the constitutive factors of comparative negligence. The constitutive factors of comparative negligence is different from the constitutive factors of torts. It has some particularities, that is, both the infringer and the sufferer should meet the requirements. Meanwhile, considering the similarities between the constitutive factors of the infringer's and of the sufferer's, this article will discuss the constitutive factors of the sufferer's especially.The third chapter will discuss the range of application of comparative negligence. Generally speaking, comparative negligence is available in all areas of damages, no matter it is among fault liability principle, presumed fault liability principle or strict liability principle.The fourth chapter will discuss the legal effects of comparative negligence. The legal effects of comparative negligence is the relief or even impunity of damages. In considering the legal effects of comparative negligence,we should use two methods, that is to compare negligence and to compare the degree of causation.