Concerning Contributory Negligence

Contributory negligence is an important system of shared responsibility in the field oftort damages.It applies to the situation that the victim have fault in the occurrence of the samedamage or expanding. In this case, the core of this system is to set a standard to reliefresponsibility share of the infringer.This system is designed to relief the victims whileprotecting the infringers through the rational allocation of loss.The article is divided into five parts to introduce and analyze the contributory negligencein addition to introduction.The basic idea is as follows:The first part of this paper is the concept and theoretical basis of the contributorynegligence system. First, through the introduction of the concept and characteristics of thecontributory negligence system, We will gradually understand the system. Second, the paperalso analyzes the differences in the system with other similar systems such as hybrid fault, thegains offset the losses and derogable rules in order to accurately grasp the extension of thesystem.Finally, from the principle of equality, the principle of fault liability and causalitytheory point of view,the paper conducts the theoretical basis of contributory negligencesystem.The second part of the article is contributory negligence system comparativestudy.Through comparative development and foreign-related legal provisions of contributorynegligence system, this section describes a number of successful experience which ourcountry can learn from.These provide valuable materials for the writing of the fifth part of thisarticle.The third part is the constituent elements of contributory negligence system.This sectionanalyzes and repositions the three elements of the system(fault, misconduct, causation) on thebasis of existing theory. Finally, the section also argues that the ability of contributorynegligence should not be used as one of the constituent elements of the system.The fourth part is the application of the contributory negligence system. First, the sectiondefines the scope of application of the contributory negligence system on the subject andliability principle. Second, the section also analyzes the applicable methods of the system, theapplicable effectiveness of the system and some cases that the system is not suitable for.Thefocus of the part are the application of the guardian fault in the contributory negligencesystem and the specific applicable standards of the system. The fifth part of the article is the shortage and improvement of the current contributorynegligence system in our country.The part is the innovation of this paper and is also asummary and distillation of this article. By summarized the deficiencies of currentcontributory negligencein system in the theory and practice, this article concludes with somesuggestions for the perfection of this system at the end.