Fault Offset Rule And No-fault Liability

Fault offset requires the fault of the victim.From the superficial analysis of the fault offset rule,it seems that the fault of both sides is the condition for the application of the rule.The particularity of the imputation of no-fault liability disputes the scope of application of the fault offset rule,which is limited to the traditional tort liability or extends to the no-fault liability under the modern tort.It is the key to solve the problem to clarify whether the connotation of the fault offset rule is the reduction of the fault degree of the aggrieved party or the allocation of responsibility behind it.Based on the analysis of the application of the fault offset rule in the no-fault liability,this paper analyzes the relationship between the fault offset rule and the imputation principle and the theoretical basis of the fault offset system.The systematic interpretation of the existing law and the response to the negative views prove the application of the fault offset rule in the no-fault liability.Combined with the imputation difference of no-fault liability,that is,the neglect of fault,this paper analyzes what kind of standard should be adopted in the application of fault offset in no-fault liability,and whether it can be consistent with the applicable standard under fault liability.The application of fault offset in no-fault liability is not only to solve the confusion of application,but also to explore the particularity of the application of fault offset rule in no-fault liability according to the characteristics of liability in no-fault liability.Mainly from the victim must have gross negligence,and according to the fault offset ability of the victim to limit the liability of the offender and other two aspects.The purpose of theoretical exploration is to serve judicial practice,including legislative suggestions and judicial guidance.The final foothold of this paper is to put forward legislative suggestions on the fault offset system from the two aspects of normative model and rule content.Combined with the provisions of the fault offset system in the second trial draft of the Civil Code,this paper advocates the adoption of a unified normative model from the choice of the normative mode of the fault of the victim.In the aspect of system content,it is suggested that the limitation content of negligence offset should be clear in legislation,the general requirement of gross negligence and the general restriction of negligence offset ability,and the expansion of the content of rules.That is,the relationship between the fault and fault offset of the legal representative of the victim and the user;the improper content of the rules should be modified,and the offender claims that the victim and the fault are at fault,and the proof of proof satisfies the fault offset application,then the negligence offset should be applied.