On Negligence Resistance In Tort Liability Law

The compensation culpably is an ancient civil system.It has been adopted by legal systems of various countries and has gradually become one of the defenses with the highest applicable frequency in juridical practice since Roman law.The compensation culpably,also referred to as "contributory negligence",is a system that diminishes and even exonerates the injurer from liability for damage in accordance with law based on the fault of victim and so on.The system will not only involve the actual benefits of both parties in the specific case,but also refer to the problems of responsibility assignment and the scope of damage-sharing in tort law.The tort law advocates that each civil subject should take the consequences of its behavior and should not be liable for the fault behavior of other civil subjects in a similar way.The compensation culpably brings the fault of victim into the consideration of responsibility bearing and regards the victim and injurer as a pair of equal subjects.In cases,liability bearing for damage will no longer aim at punishing the injurer,nor the protection of victim's interests will be absolutely exchanged without reservation through punishing the injurer.The compensation culpably has been accepted in the theoretical and judicial circles in China.However,the norms of Chinese law to this system are too abstract and general,which results in numerous problems in the application of juridical practice.Combined with the value ideas and key components of compensation culpably,this paper refers the legal norms and choose the relevant cases to carry out the deep analysis to the application of this system,so as to find out a clearer thought.