The Application Of The Theory Of Fair Liability Principle

Imputation principles of the Tort Law is not only a way to determine the attribution of responsibility,but also the principles of Tort Law.The modifications from the result Responsibility of the Roman period to the rise of the principle of fault liability in the18th century and then to the use of no-fault liability principle is not only the legal progress of civilization but also the social progress.With the rapid development of industrialization,the occurrence of damages and dangerous is much more frequent than before and it is difficult to avoid them,then giving the victim more relief becomes the trend of the Tort Law.In this case,the principle of equitable responsibility comes into being,assuming the responsibility of the protection of the victim who can not get relief in some special cases under the principle of fault liability and no-fault liability principle.Therefore, the principle of fair liability meets the need of the community,it is a product of the function of the Tort Law from sanction to compensation.China’s civil law established the principles in the legislation both in Article132of the General Principles of Civil Law in1986and Article24of the Tort Liability Act in2009,providing that for no fault of both parties,the court can determine the case according to the actual situation and make the parties share the losses.This system is the manifest of the basic principle of fairness in civil law,and it is a strong complement to the principle of fault liability leading to the leveled system of imputation principles which includes the principle of equitable responsibility and the principle of fault liability and no-fault liability principle.However,many problems still exist at this stage in the application of the principle of fair responsibility in the administration of justice.Because the ambiguity of the provision about the principle of fair responsibility combined with its abstract,it gives the judge a greater discretion and leads to the uneven application of the principle of equitable responsibility.The purpose of this writing is to find out the applicable rules of the principle of equitable responsibility and clear its scope in order to make this principle effectively play the the role of distributing justice.There are five parts in this article:The first part of the article begins with the cases and concludes that the problem of the application of the fair responsibility is the lack of rules.To resolve this issue,first we must correctly understand the principle of equitable responsibility.The second part of the article first analyze the concept and characters of the principle of equitable responsibility,making comparative study between the principle of equitable responsibility and the principle of fairness,then study the origination and development of the fair principle of responsibility in order to gain a better understanding of the principles of fair liability.The third part of the article discuss the position of the principle of fair liability in the imputation system and analyze the different views of scholars in order to prove the necessity of the principle of equitable responsibility and its unique value as an independent imputation principle.The fourth part summarize the rules of the application of the principle of equitable responsibility on the basis of the study before to overcome the barriers in the application of the principle of equitable responsibility and make best use of the unique compensative function of the principle of equitable responsibility. Finally, according to the results of the study before,analyze the cases and determine whether the principle of equitable responsibility should be applied.