Research On The Application Of Negligence

The negligence balance rule is based on the rule of law fairness principle.The purpose is to reasonably distribute the share of responsibility between the victim and the injurer.It is precisely because of this function that the negligence offsets have a high application rate in judicial practice.Extensive use has also exposed some problems: the standard for determining the fault of the victim is relatively high.The court in practice did not accurately distinguish between the negligence of the victim and the negligence of the injurer in one type of case.It was measured by the injurer's negligence determination criteria,which made the standard for the determination of the negligence of the victim higher and the benefit could not be obtained.Comprehensive protection and compensation violates the original intention of establishing negligence in tort law.It is necessary to clearly state the criteria for determining the victim's fault and distinguish it from the injurer's negligence,so that the victim's responsibility system and the victim's responsibility system are independent of each other,so that the judicial application of the negligence is rationalized;the contents of the victim are not negligent.Different from illegality,this also confuses the contents of the victim's negligence and the victim's negligence.The illegality is the evaluation of the injurious content rather than the victim.No distinction is made to increase the obligation of the victim.The victim's freedom right is subject to the negative evaluation of the law;when it is applied,it ignores the judgment of the unity of damage,especially in the case of the type of mutual defamation.Ignoring the judgment of the unity of damage is often the case,as long as both parties have faults,they are directly applicable.Abuse of rules should increase the degree of emphasis on harm unity;affirm fault negligence;in practice,cases do not recognize the ability of minors to protect themselves,and they are completely dependent on guardians.Minors,as victims,should also consider whether they have done so.Attention,obligation to protect one's own safety,rather than "one size fits all" No obligation and ability to protect themselves.To better protect the rights and interests of victims,especially juveniles,it is necessary to affirm the ability to negligence and to prevent the infringer from reducing the liability for the fault of the guardian.The attitude of negligence under faultless liability is not the same and it is definitely applicable.In the case of the case,there are also different views on whether to restrict or not.Through combing the analysis of laws and cases,the application of no-fault liability should be affirmed,and the degree of danger should be distinguished.The type of infringement with a high degree of risk is the balance of the application of negligence.If it is applied,it must be limited to the victim as a gross negligence,and no “one size fits all” applies,and a minimum level of compensation for the type of infringement with a high degree of danger should be provided to better protect the interests of the victim.