Research On No-fault Liability In Tort Law

The principle of culpability, the commander and soul of tort law, tort law theorycore. The19th century, as the core principle of fault monism occupy the dominance oftort law, no-fault, no obligation the perpetrator only responsible for the "wrongdoing".With the continuous development of the social life, the principle of culpability will bechanged. The20th century, science and technology rapid development on the one handto promote the great development of the productive forces of human civilization, themove from a traditional agricultural society to modern industrial society, on the otherhand, society brought about the inevitable disaster. Industrial disasters, accidents,environmental pollution, frequent accidents, persists for fault liability principle in theface of these dangerous incidents, victims often because of the fault of the burden ofproof to the offender can not be denied relief. Obviously, a single imputation principlescan not solve the increasingly complex issues of tort liability, which will inevitablylead to Imputation rules from one yuan to diversified development. No-fault liabilityprinciple is born out in this historical conditions. More and more countries haveadopted the principle of no-fault liability, no-fault liability is also defined in thelegislation. However, under the domination of the mainstream consciousness of thestrong and deep-seated fault liability, no fault liability principle not get the attentionthey deserve and that now has many vague understanding and conceptualmisunderstanding. How fault liability principle can become an independent LiabilityPrinciple? Its theoretical basis is what? Value of the building is what? Still havedivergent views.At present, China’s no-fault liability principle is very weak, the legislation is notperfect, and therefore lead to no fault liability principle applies to the chaos in thejudicial practice. Based on this, we find another secluded trails, using inductive deductive reasoning original form starting from no fault liability exists, combingcleared its historical context to analyze the existence of the reasonable value of theprinciple of liability without fault, on this basis, constructed without The theoreticalbasis of fault liability principle, given its rightful place in the tort. Finally, the ContactChina is drafting the Civil Code and tort law, the analysis of the main problems of theprinciple of liability without fault, theoretically perfect no-fault liability principlerecommendations to this theory to the greatest extent applicable, play its some valueand function. Structure, the text is divided into three parts:The first part, no fault liability connotation resolution. In this section, I will nofault liability of History, the definition of the doctrine of liability without fault, liabilitywithout fault characteristic three-pronged approach, analyzing its original form,revealing its ups and downs "of the development process and the" ups and downsreasons, clearance of the context of the development of the principle of no-faultliability, the argument from the historical point of no-fault reasonableness andnecessity of the principle of liability exists.The second part of the theory of liability without fault localization. That part, Istart with the principle of fault liability system functions start to realize the function ofmodern tort law, and thus reveal the value implied by the no-fault liability principle ofsystem functions, ie distributive justice, in order to establish a modern no-fault liabilityprinciple value; and no-fault liability related responsibilities types of relationshipselaborate analysis, highlighting the principle of liability without fault characteristics.The third part, the no-fault liability application and perfection in our tort system.No-fault liability applicable to the current situation and problems of our tort system.The part, the author first analyzes of no-fault liability principle applies to the status quo,clarify the no-fault liability principle applies several cases; followed, from the threeaspects of the principle of liability without fault mainly three plight, the first "TortLiability Act", the principle of no-fault liability provisions take enumerated type,making its lack of flexibility. Second, the limits of liability in a dilemma. Third, togenerate additional burden on other industries. Finally, our tort system, no fault liability legislation to improve the part, I build no-fault liability legislation model andimprove the construction of the supporting system to improve the principle of no-faultliability legislation for the future of civil law the formulation of the Code of infringingarticles draw on recommendations, and efforts to seek a way to resolve the conflict oflaws, to lay the foundation for the improvement and development of China’s principleof liability without fault.