Qualitative Fair Responsibility And Apply

The equitable liability is under the circumstance which both sides have in theabsence of fault, so that the judge comes to a decision about a loss-sharing agreement inconsideration of the property and economic capability in both sides. This decision followsthe principle of fairness and justice. About whether the equitable liability is an imputationprinciple, there has been an argument. Supporters think it belongs to an imputationprinciple, however, negativism does not agree with this view. In my opinion, I agree withthe negativism point. We can find that the equitable liability has an essential differencecompare with the other two imputation principles according to the concept of theequitable liability. The equitable liability is a loss-sharing, not a confirmation ofresponsibility. Moreover, the premise、the condition and the value of the equitableliability have different with the other two. All these difference make the equitable liabilitycannot become an independent principle of imputation. In my opinion, the equitableliability is an equity debt. This equity debt is not a tort debt or legal debt. It is in thesystem of debt among with other debts.The characteristic of the equitable liability make itself encounter some problemsboth in legal level and social economic level. For the potential problem, I prepare toanalysis the current situation in Law, the sociology law and the economics law. We intendto expand and complete the social security system, in order to find the way solving theproblem. Through this way, we hope reduce the social risk happening on everybody, atthe same time, achieve the value of the fairness and justice.