On The Type Of Differentiation Of The Responsibility Of Private Law

The theory of legal liability is that after the legal dispute, the judicial judge applies the law to the legal thinking method or thinking tool in the process of case fact.China's traditional jurisprudence sense of the theory of legal liability theory, without distinction between the nature of public and private legal responsibility, its legal responsibility constitutes the equivalent of legal responsibility elements,copy or copy the department's legal responsibility constituent theory, the department responsibility The elements of the elements simply rise to the legal sense of the theory of the theory of legal liability, cage and that the legal responsibility of the constituent elements of the responsibility of the main body, violations, damage consequences, causal and subjective fault, these factors or conditions must be in order to identify And the accountability of the perpetrator, on the whole, the lack of theoretical and uniformity of the theory.Under the guidance of the principle of fault liability, the factors that must be possessed when the responsibility of the subject private law is established, including the subject, the illegal act and the subjective fault. The subjective fault is the necessary element is that the principle of fault attribution is aimed at the rationality of the individual's freedom of reason for the rational person's freedom of action,but also the correction of the responsibility of the rational person beyond the rational scope, is the reflection of corrective justice; the subject becomes the necessary Is based on the principle of fault attribution under the principle of moral responsibility and condemnability, private law responsibility in the principle of fault imputation and education in the first line of function, the principle of responsibility to reflect the specific; illegal acts become necessary, Adjust the specific requirements of external behavior. The responsibility of private law is not only necessary under the guidance of the basic spirit of the principle of fault liability. It is necessary to consider the factors that need to be taken into account when the subject assumes the responsibility of private law,including the damage result and the causal relationship,which is mainly based on the principle of fault attribution Malicious, although no occurrence or damage to the outcome occurs, but the result of the damage in the event of a significant or significant irreparable loss, in this sense, the damage to the results and the causal relationship does not necessarily affect the fault of the responsibility of private law The establishment of the identified.The principle of private law responsibility under the principle of non - fault liability is the condition or factor that must be possessed when the principal establishes the private law responsibility. These factors include behavior, damage result and causality. This is mainly based on the principle of non-fault attribution of utilitarian compensation value orientation,the development of modern social economy,its own risk behavior is difficult to exempt the practice requirements. The non-essential elements of non-fault liability are the basic connotation of the principle of non-fault attribution, and the factors that need to be taken into account by the subject's responsibility for private law, including the subjective and subjective fault,In the process of determining whether the responsibility of private law is established,whether the subjective and victim subjective fault, to achieve the victim rights and interests of the specific function of compensation.The principle of fair responsibility is the factor that must be taken into account when the subject establishes the private law responsibility under the guidance of the principle of fairness and imputation. These factors include behavior (event) and damage result; The necessary elements refer to the conditions that need to be considered when dealing with the private law responsibility under the principle of fairness and imputation. These conditions include the subject, the subjective state and the causal relationship. This is based on the principle of fairness and imputation to the concept of fairness as the value of logic, to help victims and the damage to the target of the specific requirements. Because of the different spirit of different principles of imputation, the connotation and extension of private law constituent elements and attorneys are different under different principles of imputation. The principle of attribution is the standard. In the sense of science, the theory of legal responsibility constitutes a theoretical attempt,with a certain theoretical development and practical operability.