From A Case Principle Of Contributory Negligence In The Use Of Judicial Practice

Contributory negligence is when the victim himself on its own damage produced orexpand and negligence to waive or reduce harm compensation liability of a legal system, inour judicial practice often use the perpetrator, victim to determine both the duty ratio, in orderto achieve a balance between the interests of the perpetrators and victims, to promotesubstantive fairness. This article from the fault of fundamental theory, through conceptanalysis is introduced to review, from continental law system and Anglo-American lawsystem development course, as well as the existent value of system and the elements, thus thisarticle refers to the specific case to judge, in order to apply fault system is a convincing results.This paper is divided into seven parts. The first part is the lead in the judicial practice in aspecific case of the case and the referees and the focus of controversy. The second part of thecontributory negligence principle to the concept of a simple introduction and analysis ofcontributory negligence, clear concept and with negligence concept difference as well as thecontributory negligence concepts of reason, in the definition of set the tone for the full text.The second part through review of continental law system and Anglo-American law systemlaw on the system establishment and development, draw a conclusion: in the moderneconomy and society in order to protect the needs of victims, two systems simultaneouslytoward a more comprehensive, thorough ground to compensate victims of direction. The thirdpart of the system of negligence offset value to do research, although there are varioustheories, but not a single take a penalty, but should be from the victim, perpetrator, preventingdamage protection, promote efficiency and fairness and justice angle comprehensive analysis.The fourth part of the fault elements were introduced, that constitution should contain fourelements: the victim, the victim, the victim fault misconduct responsibility, causal relation.The fifth part is combined with the theory of constitution of the specific case of the victimbehavior, thus obtained can be applied to contributory negligence in conclusion. The sixthpart further according to determine the specific responsibility of legal theory with case study,analysis of the original judgment on the victim, perpetrator responsibility distribution betweenboth sides, so that the sentences in the duty ratio on the distribution of defect in the conclusion.In order to provide reference for the judicial practice.