On The Fair Sharing Of Losses Rules In Tort Law

The FSLR is based on the principles of justice,which is under the modern tort law of distributive justice that it's aims to the loss of tort law of fault and strict liability scope gets reasonable allocation.As the loss sharing rules can not only avoid the damage to the victims because of the lack of relief according to no compensation,but also can avoid the equitable liability in judicial practice largely as the imputation principle which may cause abuses and endanger the safety of tort law.There is no doubt that because of the existing legal provisions on the FSLR specific application is not clear,therefore,this rule plays a positive effect at the same time,also carried a series of problems.Based on the judicial practice of tort law,this paper summarizes the main problems existing in the application of fair sharing of loss rules in judicial practice through empirical analysis.On this basis,the reasons for these problems are analyzed to find the root.According to this,put forward reasonable suggestions for the FSLR,trying to provide a reference for solving the assignment problem in real life damages so that to escape the 'Li sheng is away from' or 'Yue sheng then flow' dilemma.In solving the problem,through the change of the position of the tort law in the relief system,it discusses the future direction of the fair sharing of the loss rules.