Fair Share The Loss In Tort Law Rules Of Judicialapplication

The application of the fair sharing of loss rules is mainly stipulated in Article 24 of the "Law on Tort Liability of the People's Republic of China"(hereinafter abbreviated as the "Law on Tort Liability Act"),which is vaguely worded and does not clearly stipulate the scope and conditions of application in judicial jurisdiction.There may be abuses in the application.The author mainly analyzes the application status of the fair share of loss rules in the judiciary by drawing sample judgments and proposes feasible suggestions.First of all,the author introduces the fair share of loss rule by introducing two cases of the application of the 24 tort law,and puts forward that there may be excessive use of this rule by the court's staff in judicial proceedings.Second,the author introduced the meaning,origin,and justification of the fair share of loss rules.The author believes that the fair sharing of loss rules is in line with China's initial stage of socialism and the specific national conditions where the specific socialist system is not yet perfect.It has the necessity of its existence.Again,the author takes the contents of the 24 articles as a reference.Throughcombing out 216 judgments,the author finds out 24 issues that exist in the application of justice and conducts a brief analysis.Finally,it proposes corresponding suggestions for the drawbacks presented in the sample judgment.For example,the scope of “perpetrators” and “the occurrence of damages” should be interpreted in a restrictive manner;the applicable conditions for the fair sharing of the loss rules should be clearly defined and the scope of the types of cases that the rules are common in practice should be listed;according to the actual situation(in combination with legal principles and reasonable conditions)to determine the scope and proportion of sharing of losses.