Study On The Application Of Fair Sharing Loss System In Tort Law

This paper is a study on the application of fair sharing of loss rules in tort law.Someway, with pursuing fairness and justice, the fairness realizing is stand for a civilizing country. To realize social fairness and justice is the essential requests of our country.The idea of fair first appeared in ancient Greek. In our country, fair concept is not import,but was part of our original civilization. It is an pivotal way to express Chinese traditional ethical ideas. It is the highest requirement of law, also is the highest value. Fairness is historical and changeable, but in general, it requires reasonable share of the rights and obligations in law. Fairness is one of the elementary value pursuing by the law.The tort law enacted in 2009 and implemented in the next year. Fair loss sharing rule,which refers to the parties with no negligence to share the loss basing the true situation, is specified in Article 24 in this law. Law experts all think this Article 24 is originated from the civil law Article 132, which reflects the principle of equity. Some scholars calls the Article 24 as "Fair Liability", others calls it "the Rule of Fairly Share Loss".Fair sharing loss system is a legal system that deserves attention. However, the scope and application of it is unclear and is not specifiable for the article has not classified and organized those conditions. Therefore, how to correctly apply this important legal regulation is the subject of my study.