The Application And Limitation Of The Principle Of Equitable Responsibility

Fair liability principle is an important legal system in tort law system.Since its inception,it has constantly caused disputes between the theoretical circle and the judicial practice circle.Scholars have explored the application of the principle of fair liability,but the abuse of the principle in judicial practice has not been effectively solved.Various viewpoints in the theoretical circle are contending for beauty,and there is no unified conclusion.In addition,the law itself is highly generalized,and the solution of the problem lies in the judicial practice circle itself.Due to the lack of related legislation and judicial interpretation,the judicial practice,there are many abuse cases of fair liability principle,such as "Zhengzhou old man smoking was advised sudden death" in the court of first instance reference fair liability to dissuade people share the loss,caused a big discussion of social public opinion,most people showed dissatisfaction and disappointment of sentence,or even on the necessity and rationality of the existence of fair liability principle put forward the question,after the trial of the second instance court commuted according to law,and discuss the uproar caused by his to quell fair responsibility.Therefore,it can be seen that the principle of fair liability does have some problems in judicial practice,such as excessive discretion of judges and insufficient restrictions on the application of law,etc.,and its bad application will impact social morality.This paper analyzes the application of fair liability from the perspective of "the case of dissuading smoking in the elevator".In the case,the facts of the first instance and the second instance are the same,but the judgment results are totally different.The focus is whether the principle of fair liability is applicable in this case.Based on the cases collected by the author,it is not difficult to find that there is no unified and clear standard for the application of the principle of fair liability in China.Some courts directly apply the principle of equitable liability as a cover clause.In this paper,by analyzing the fair responsibility principle applies in the trial practice of defects,combined with the examples in the judicial practice,is pointed out that the phenomenon and reason of fair liability be abused,from summed up the fair responsibility principle,the applicable conditions of the perfection of fair liability principle Suggestions and limited vision,in order to provide references to the legal practice.