On The Common Law Of Proportional Liability And Its Reference

With the increasing complexity of social relations, the relationship between the infringement and the damage results are more complex, and for the identification of this causal relationship has become increasingly difficult, China’s judicial practice there are many unknown causal relationship cases, this is because the country to identify the causal relationship between the perpetrator and the damage is the result of a "high probability" of the standard, which makes 100% of the time there is no evidence to prove that the plaintiff did suffer damage from the defendant, the plaintiff’s equity will not receive effective protection, according to this standard treatment in cases of unknown causation is not conducive to highlight the legal principle of fairness, can also cause people to doubt the protection of the law.Based on the traditional rules of causation shortcomings, this paper focuses on the use of such a system of proportional liability, using the proportional liability under the premise of causality is unknown, according to the defendant’s infringement of the possibility of damage to the plaintiff size the division of responsibility,in other words,the plaintiff can obtain evidence based on their efforts to appropriate compensation, and for the possibility that the size of the finds in different cases they have different standards, the paper through the use of proportional liability on the common law, and strive to learn from the proportion liability of common law for unknown causation cases supplement the existing institutional, hoping to make a causal relationship unknown cases there is a better solution to the conflict of interest between the two sides can better balance the original defendant.