The Fair Liability Imputation Principle

In the law of tort, imputation principle is a core problem. Tort imputation principle, is to bear civil liability principle, is refers in the fact of damage has occurred, the determination of infringement people act on their own behavior caused by damage to whether need to assume tort liability basis and standard.While the principle of fair liability is as an independent imputation principle, the theory circle of our country has been the focus of controversy. While the theoretical controversy deeply affect the judicial practice to the outcome of the case, and for those who should be the application of fair liability cases, because the theorists dispute and make judge in the process of handling cases appear confused, endangering social stability and harmony.In the tort occurred, should be applicable to tort law cases in the decision process, when the court believes that cannot be applied to fault liability principle, and apply the principle of liability without fault and unfair situation. What is to apply the principle of liability without fault, or the application of fair liability principle. In what circumstances will apply the principle of fair liability, not only has been concerned by the theoretical circles, in practice also faces the solution.In this paper, in order to present the issue of equitable liability, whether can be used as an independent imputation principle as the research background. Based on the principle of equitable liability as an independent principle of imputation for the spindle, from the imputation principle of the basic theory, analysis of the imputation principles of the doctrine of equitable liability, that can be used as an independent imputation principle of the conclusion. Introduction of the continental law system, Anglo-American law, Rome Law Imputation Principle on the development and the principle of equitable liability doctrine of the discussion; and in Chinese tort law principles of fair liability character and legal value put forward a certain opinion; on the tort law of our country in the judicial practice in what circumstances can be applied independently of the fair principle of the responsibility as the imputation principle of a personal vision. Combined with the practice in case of imputation principle of fault liability and no-fault liability principle to apply in practice the defects and deficiencies were intended to discuss, the equitable liability as an independent principle of imputation in line with social welfare, Chunhua morality, build socialist spiritual civilization needs, to stabilize social role. China’s growing social contradictions played a moderating role. Finally, to improve China’s liability as an independent imputation principle should apply rules and put forward corresponding countermeasures...