Corrective Justice: Legal Philosophical Basis Of Tort Liability

The divid betwwen fault liability and strict liability is one of the basic theoreticalproblem of the tort law.As an principle of law, the fault liability formally accepted bythe national legislation resulted from the mordern rationalism and the rise ofliberalism ideogical trend,and then dominate the tort law until the second half of19century.the Industrial and technological revolution bring us the rapid growth ineconomy, the fault liability has not enough ability th solve the problem of thetremendous compensation.and this bring us the strict liability as well as the liabilityinsurance and the social security sysytem.The so called “crisis theory”of the tortliability had come into being,Whatever the crisis theory is alarmist, or save for arainy day,This theory can cause our reflection on the basic theories of tort lawphilosophy.the corrective justice can keep the temperament of tort law utmost to unifythe basis of fault liability and strict liability.that is to say,if the tort liability express thecorrective justice,it can give us a very good reason that the tort law can be superior thother damage distribution system.