A Research On The Tort Liability Under The Condition Of Temporary Loss Of Meaning Ability

Article 33 of the Tort Liability Act for the first time clearly stipulates the tort liability for the full capacity when they commit violations in the state of temporary loss of meaning ability.This provision establishes a mechanism for the settlement of similar disputes in the judicial practice and also opened a new chapter in the protection of the interests of the parties. However,there are still a lot of issues that need to be grasped and paid attention to in the proceedings of applying this provision. This paper has carried on a detailed explanation to thirty-third through the method of law interpretation and mainly discusses the doctrine of liability fixation and some other details of the application process.Whether there is a fault is the key to determining whether the temporarily incapable person is liable for the infringement. To investigate whether the actor has a fault we needn't pay much attention to the tortfeasor's mental state when he commits the infringement, instead, we concentrate on whether the actor has fault in the formation of the state. If the formation of the incapable state can be attributed to the tortfeasor's fault, then he has to bear liability for damages,otherwise, the loss will be distributed according to the principle of fairness between the infringing person and the victim. The second paragraph of Article 33 is a special provision of the first paragraph. And it is emphasized that restrictive interpretation should be given to the“intoxication”, “the abuse of narcotic drugs or psychotropic drugs” so that they can only cover the circumstances that these “dangerous goods” are voluntarily taken by people who are at fault,not including situations such as passive use or pathological intoxication where the loss should be shared by both parties in accordance with the principle of fairness.