Fair Liability Of Tort Liability Law

Fair liability is one of the more important in the field of tort law legal system.Before the tort liability law enacted in our country, it is stipulated in the "generalprinciples of the civil law" the132th. On December29,2010, China’s legislaturepassed the tort liability act, fair liability, of course, also in it. However, like the lawpromulgated before, between theory and practice of fair liability disputes stillcontinuously, many scholars to explore, but fair liability is still covered with a layer ofmysterious veil. Thought the promulgation of the tort law is a good opportunity,because lawmakers to pass legislation in the form of the most authoritative show thatattitude towards fair liability, thus to some extent be constructed check, make betterapply fair liability in our country. Draft legislation specified, though, there is a lot ofparticipation in the academic elite, since academia can’t give clear and affirmativeanswer, cause the fair liability in tort law regulations still exist ambiguity, legislatorseventually be returned to the academia for itself. The author thinks that, it is veryurgent to fair liability related problem, before the judicial authorities publish relevantjudicial interpretations, the issue clear is extremely essential. Because of fair liabilityin judicial practice also has a certain space, clear related disputes also helps to judgein the judicial practice as soon as possible. In this article, the author will be startingfrom the theoretical basis and origin of fair liability, trying to clear the location in thefair liability in tort law, applicable, and puts forward the idea, to the problems in thefair responsibility in the future legislation and judicial kam thin.