Analysis Of The Contributory Negligence

Contributory negligence is based on the principles of fairness and justice：if thevictim’s negligence led to the occurrence or expand of harmful consequences, canreduce or waive the offender liability. In China’s Tort Liability Act, Articles26and27pairs of contributory negligence system made this clear. The first chapter of thedeparture introduce the concept of contributory negligence, explores the nature ofcontributory negligence, focused on the controversial issue of the scholars on thenature of the contributory negligence——fault liability and no-fault liability forcontributory negligence is different, contributory negligence results exclusion ofliability. The second chapter discusses the legal basis of contributory negligence, fromtwo aspects of the theoretical to reduce the system——the victim sharing damage andthe reduction of the offender responsibility. Chapter III discusses the constituentelements of contributory negligence, there is difference between infringement onnegligence and contributory negligence, in the contributory negligence system, the isthat the victim’s own fault for himself, not for the others; then affirmed that themutual assault cases should also apply to the system of contributory negligence;scholars have different views with whether contributory negligence should haveability of responsibility, listed some views, agree with that If minors need to takeresponsibility, they should have the common sense recognition ability. Taiwan CivilCode Section217does not distinguish between legal agent and generally agents, thusleading to controversy; Chinese judgment of the Court considered that the parentsfault should be regarded as the fault of the children, but I don‘t think so. the primary purpose of the statutory agent system is to protect minors,should not let the minors toassume the parents fault. Then describes the methods of contributory negligence, thatwhat is the dominant factor should be based on the Principles of Responsibilitydetermine fault with the force of the reasons; present stage contributory negligenceapplicable by the specific application of contributory negligence in car accident.