| Contributory negligence rule, it is a special tort law system of great significancein the real practice of law. Although our law has identified contributory negligenceapplies, but its provisions are not comprehensive, contributory negligence rule willnot lead to practical applications, to play its important value. Thus, the article bystudying the basic theory of contributory negligence, first introduced the concept ofcontributory negligence and legal characteristics, and learn about the theory appliesfour contributory negligence doctrine, explore contributory negligence rule applies inour road traffic accident damages the theoretical support. Contributory negligence onthe applicable conditions and scope, each country has a different approach, throughthe analysis of the different theories of contributory negligence was summed up in ourRoad Traffic Accident Compensation conditions and scope should have forcontributory negligence in the use of judicial practice provides a legal basis. Again,through our legal practice in the application of the analysis, summarized the presenceof a traffic accident damages in cases when the use of contributory negligence issue.Finally, in the foundation phase in learning a foreign law and practice experience,combined with our judicial practice problems raised contributory negligenceapplicable in judicial practice recommendations, resulting in better use of trialpractice this rule, play fault offset of significant value. |
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