The Research On Equitable Liability

Justice is the supreme pursuit which mankind has the moral concept of fair idea is also one of all legal pursuit of one of the basic value.As our country "tort law"is enacted,fair idea came in the form of law provisions,make it a kind of legal responsibility,this is a kind of legislative progress,also more conducive to fair implementation. However,in real life there are also have many to fair liability in understanding and inappropriate situations.This paper expounded on fair liability for research and in what circumstances apply under the author's opinion.There are five parts in this article,in the first part,mainly from the fair liability concepts and features of the paper is tort liability law article 24 understanding of real life and the view of fair liability questioned opinions,expounds the concept of though fair is a kind of morality,reflected in all aspects of our daily activities,but fair liability is only applicable legal provisions situation.In the second part,mainly from the ancient Greece,Germany,Sweden and other countries for fair liability applicable expounds fair liability of historical development in China,meanwhile,discusses the tort liability law of fair liability position,fair liability in tort liability law with the position cannot be of no fault liability and fair liability principle par, but most a shall still exists imputation of tort liability law.This paper mainly to the third part in tort liability law applied range of fair liability for fair liability described,first define the nature,and holds the tort liability law article 24 of responsibility is constituents.Next to the tort liability law article 24 applicable conditions,the author explains the respectively for fair liability applicable for several situation analysis.In the fourth part of fair liability applicable in the factors which should be considered in the narrative,fair liability as a share of the losses in a certain extent and beneficiary's compensation obligation is similar,think the beneficiary is a kind of specific indemnity obligation under the condition of lose share.The last part of the paper that is fair liability for the judges'discretion,the parties,the loss rate and the economic status,conduct considerations for better applicable of equitable liability.