On The Reduction Of Full Compensation Liability In Tort Law

China's tort law is based on full compensation.In general situation,the principle of full compensation in solving the problem of compensation is fair,but society is always complicated.When there is a special case,applying the principle of full compensation will lead to injustice.In this case,some countries or regions in the world have adopted some exceptional rules to compensate for this defect.In our country,there are also some scholars on this issue from different angles.To achieve substantial justice,overcome the limitations of the theory of cognitive and better guide people's behavior,it is necessary to ease full compensation,to set up an exception to appropriately reduce the sum of the compensation,to solve the problem of the compensation more fairly and reasonably,to play the credibility of the law.Since the 20 th century,the advance of the risk society and uneven distribution of resources have made the construction of tort law from justice of correction to justice of distribution.Tort law carries more and more social welfare function,so it is a reflection of social essence fair to give the appropriate policy tilt to the vulnerable groups,to reduce and forgive that they can't afford.Secondly,in dealing with conflict of offenders and victims in specific case,the principle of proportionality is required to give them equal protection.In dealing with conflict of the rights protection of potential victims and the freedom boundary of potential offenders in future,the principle of proportionality requires that,while guaranteeing the freedom of the majority,the interests of the minority should be compensated for other substitution in advance so as to achieve a balance state.When the victim's right of life is in conflict with the victim's property right,the law should choose to sacrifice the victim's property right and save the victim's right of life.Finally,from the legal environment of our country,the livelihood guarantee of the civil procedure law can't replace the reduction system of tort law.At the same time,the absence of personal bankruptcy system makes personal debt high to impossible live on.And under the reduction system,insurance system can encourage the holder to insure,to make the risk of abnormal mark spread among the holder and avoid abnormal risk among normal people to protect people from accident.In choosing the path of easing full compensation,the way of principle is tooabstract and the rules of livelihood are more appropriate.Specially,the nature of the reduction right is the right of defense.The parties shall claim and bear the burden of proof of the exercise of the reduction right.Its exercise subject is natural person,not including legal person and other organization.The subjective state of the reduction right is no subjective fault,slight negligence and general negligence.Gross negligence is likely to be applied the rule of reduction in free legal relationship.Subjective intention should not be applied the rule of reduction to reduce infringer's liability.The exercise of the reduction right should consider the economic competence and legal relationship between the parties,the particularity of infringed object and infringer's attitude after the event.