Principle Of Equitable Responsibility

Fairness and justice is the basic value and target pursued by any law, it is also importantforce to promote the progress of human civilization. Fair as a form of law clear it is aftermaking the tort liability act, this is a big progress of the legislation of our country, isconducive to social harmony and stability. What is undeniable is that civil law educationalworld for fair liability principle of qualitative has many different sounds, namely fairresponsibility is a independent imputation principle? Because in theory are not clear, specific,our legislation is not very bright in this leads to the judicial practice, there are a lot of a lot ofunderstanding of fair liability principle and applicable on deviation. Based on fair liabilityprinciple yes nature and status in the imputation principle is discussed, at the same time,expounds the application of the fair liability principle in our country the status quo and pointsout the problem, the factors that should be paid attention to in the application of fair liabilityprinciple is analyzed, finally a clear conclusion is fair liability principle in tort liability law ofthe conclusion of an independent imputation principle, and the improvement of the fairliability principle and the specific applicable point of view is put forward.In the integrated use of comparative research method, legal interpretation methods andempirical analysis method, on the basis of this paper, taking the meaning of fair liabilityprinciple as the starting point, expounds the several basic problems on the fair responsibilityprinciple.This article is divided into four parts, the first part mainly fair liability principle aresummarized, and describes how to generate and fair liability principle is growing, thederivation of definition of fair liability principle, and the fair responsibility principle and otherrelated concepts (fairness, fairness, equity, fair responsibility) were analyzed.The second part of the demonstration analysis of the equitable liability principle in tortimputation principle system of the status and value, this basically is the dispute of imputationprinciple system and fair responsibility principle the dispute on the basis of the analysis ofstatus, it is concluded that fair liability principle is an imputation principle. At the same time points out the fair responsibility principle and other imputation principle, the relationshipbetween stress fair liability principle as the basis and necessity of independent imputationprinciple. Points out that fair liability principle in our country exists and the basis of theanalysis of its value and significance.The third part mainly discusses the fair liability principle in legislation and related areasof legislation in our country is analyzed, and then points out that the legislation of our countryabout the deficiency of fair liability principle, and puts forward opinions on the principles offair liability legislation perfect serve practice to make it better. Mainly fair liability principleclear fair liability principle in the legislation of independence and the suitable situation.The fourth part mainly discusses the fair responsibility principle to analyze the status quoof the judicial practice in our country, analysis the problems and shortcomings in judicialapplication, emphatically puts forward Suggestions for the regulation of the judge in thejudicial practice, and from other relevant systems (social insurance, social charity) on thecomplete analysis.