On Application Of Fair Liability

Amazed at first-instance judgment on the case referred in this paper,the author chooses to analyze the application of fair liability on the basis of a specific case.In the case of "sudden death of elevator discouraging smoking"cited in this paper,the first trial and the second trial confirmed the same facts,but the verdict was quite different,and the focus was on whether the case was fair and responsible.By the author to collect in a fair responsibility as a verdict on the basis of the case is not hard to find,in our country fair liability applicable no a unified standard,some courts for the application of the fair liability relatively cautious,under normal circumstances are not directly applicable,but supplement applicable;In practice,there is no lack of the court of justice as a fundamental clause to apply.Therefore,this paper is written based on two points---whether fair liability may apply to this case,and if the victim is unable to obtain relief from the law,how will he get through all these difficulties?Starting from illustrating the case,Chapter One indicates that it is abuse of fair liability that caused the difference between first-instance and second-instance judgments.Despite the fact that fair liability has been abused for several times,it still cannot be abandoned in China,a society of human relationship,thus Chapter Two discusses legitimacy and necessity of fair liability in which discussion of theoretical circle on fair liability is mainly analyzed.Chapter Three puts forward specific measures to improve the application of fair liability.And the author takes the initiative to propose that China may learn from compulsory insurance system for vehicle traffic accident liability to fill the gap in social security system.The author finds in the analysis that too much discussion has been conducted on fair liability by the theoretical circle while practical guidance remains inadequate,thus it is suggested that they should shift the focus from legislation to interpretation to regulate the application of fair liability.And in the process of case study and data compiling,the author believes moral evaluation lying in fair liability clause itself make it possible that Article 24 of Tort Liability Law may evade towards general clauses.Therefore,based on the reality and legislation of different countries,the author raises bold hypothesis that fair liability,after all,only applies to specific circumstances stipulated by law.