The Study On Law Application About Clauses Of Equitable Liability In China

Equitable liability is a rule that on the premise of an case being outside the applicative range of the no-fault liability, when both parties are blameless for the occurrence of damage, and at the same time, compared with the victim's economic strength, his loss is huge, but it's obviously unfair to make the victim bear the loss alone,people's court may order both of them to share the damage based on the actual situations.Equitable liability is not a doctrine of liability fixation, but a loss sharing rule for relieving victims in character. Also it is substantially an equity liability and the point of equity is judges' discretion. However, when our law gives some discretion to judge, we should restrict it at the same time. The equitable liability is mainly stipulated in Article 132 of the General Principles of Civil Law and Article 24 of Tort Liability Law in the civil law of our country. Article 24 is the revision of Article 132.But Article 132 still has its own application of space.If the damage caused by an act in a legal case,the Article 24 receives priority application. When the damage caused by other factors,the Article 132 can be applied and what parties share is loss not civil responsibility at this time.The application of equitable liability clauses is limited to the range of fault principle. When both parties have do nothing wrong to the happening of damage and there's a cause-and-effect relationship between the behavior or thing of one party and the damage,the clauses of equitable liability can be applied. Besides, the realities of situation including damage severity of the victim, the comparison of the both parties' economic strength and other loss sharing way of victim, should be considered. Finally, only direct property damage can be shared between both parties in the application process of the clauses.