On The System Of Negligence In Tort Law

Negligence is a basic principle of damage compensation law,is to determine the liability rules of tort liability law.The main problem is: when the damage occurs,if the victim is also at fault for the occurrence or expansion of the damage,how to assign the responsibility between the offender and the victim.Our country about the contributory negligence rule first appeared in the "people's Republic of China Law" article 131 st,this article simply states the victim for causing the damage is also at fault,the civil liability of the infringer may be reduced.But how to operate,and did not specify.People's Republic of China in July 1,2010 the formal implementation of the tort liability law "(hereinafter referred to as the" tort liability law "),mainly involving the law for the twenty-sixth,60,72,73,76,78,construct the outline of contributory negligence system,the contributory negligence system has a better operation,but there is still no completely solve the problem.Although the contributory negligence system has appeared in China's "tort liability law",but the provisions on negligence are still too simple,the legal system is not perfect enough,the actual operation is not strong,many problems,such as contributory negligence is not clear,there is no uniform standard for the specific application of contributory negligence system.In practice,the court in the face of such problems,the results of the referee may have a greater difference,such an operation is not conducive to the pursuit of fairness and justice! Based on this,this paper attempts to start from the negligence theory,through the analysis of the fault offset and comparison of various theories,and on the basis of the perfection of the contributory negligence system,in order to contributory negligence system to play its proper function of allocation of responsibility,balance the interests of all parties.In addition to the introduction and conclusion,this paper is divided into five parts:The first part mainly summarizes the current legislation on negligence,negligence of the judicial status quo,mainly through a lot of access to the case,summarized the contributory negligence system in practice are the typical problems,finally summed up in the application of the phase loss resistance.The second part is mainly about contributory negligence,this part is mainly to solve the problem for elements of negligence: the offender and victim has fault,the fault of the infringer and the victim's fault behavior in common village set up the occurrence of damage,the victim's fault behavior must be improper.For the elements including whether the victim must have the ability to offset fault,is a difficult problem in practice,and it is also one of the problems to be solved.The third part is mainly to solve the problem of contributory negligence system applicable scope,mainly from three aspects to determine the fault of the victim can be expanded to the victim's fault,that is to solve the applicable scope of the subject;contributory negligence in tort law is applicable to all the imputation principle,this paper focuses on the applicable to non contributory negligence the principle of fault liability and its limitation.The fourth part is to solve the problem of concrete application of contributory negligence system,the domestic point of view can be divided into three kinds,the first is to determine the cause of force;the second is to determine the strength of the fault as a standard,to carry out responsibility assignment according to the size of the fault causes;the third is a comprehensive consideration of the size and the cause of fault to determine the strength,both are indispensable.In this paper,after analyzing the pros and cons of the above methods,make the choice of this paper.The fifth part,the first part presents the legislation of our country and the problems in the judicial practice,the author puts forward his own suggestions according to the analysis of the three or four part,the second,in order to improve the contributory negligence system.