Research On The Contributory Negligence System In The Tort Law

Negligence,refers to the infringing area in the case of damage to the facts,usually the infringer at this time the situation to conduct a identification,and then according to the specific circumstances of both sides,thus determining the sharing of the last responsibility.But in the practice of justice,because of the complexity of its own complexity,often can not be very good for its application.So that sometimes the interests of the parties will have adverse effects,is not conducive to justice in the field of justice.In the following article,the author will be against the fault of the system in practice problems,put forward some of their own views and suggestions.This paper is divided into four parts.In the first part,the author starts from the concept of negligence and dislocation system,analyzes its root causes and the meaning of reality.Through the description of the elements of the system of negligence,it can be better to guide the application of the system of negligence in practice.And different legal systems between the provisions of the system of negligence to compare,and then to the fault of the system to do a deeper analysis.The second part starts with the function of the system of negligence and dislocation in the practice of life,and then analyzes how to apply it in practice.On the third and the fourth part,the author first analyzes the problems in the practice of the system of fault in China,such as the fault judgment criterion in the system of negligence,the narrowing of the scope of the system of negligence,The application of the system is imperfect,and then put forward some of the problems of their own recommendations,in order to avoid the system of negligence in practice can be properly used.