Take Fairness Seriously

The legal system has to reply to various risks in the society. As a treatment, article 24 of《Tort Law of the People's Republic of China》set:Where neither the victim nor the actor is at fault for the occurrence of a damage, both of them may share the damage based on the actual situations. Actually, it's a creation in our legal system which is often considered as a impartial article, while it's not accepted in the realm of comparative law. Besides, in the words"may"and"based on the actual situations"there is a spacious space for the judge to explain. In the abstract, scholars usually have the idea that the mode set by such article compensate for the victim's losses, accord with socialist fair sense and the moral emotion of kind, while these justifications are all in doubt. On the contrary, this mode is in conflict with the idea of fair in the field of core concept, standard, psychological structure and the power of judgment. The target of the article is settling dispute rather than protecting the rights, maybe we can define it as a try of pragmatism philosophy in the legislation. In order to correct the existent problem, we should narrow the scope of its usage and strengthen the effort of state aid and social insurance. The prime purpose of these changes is ensuring the logic unification of our tort law system and pursuing fairness and justice.