The Consideration Of Tort Ability In The Application Of The Contributory Negligence Rule

Liability for tort is an important concept in the field of fault infringement,which refers to the ability of the actor to recognize his behavior and then constitute fault for his behavior.Tort ability is based on the recognition capability,which is different from the capacity of civil conduct based on the capacity of will.Tort ability constitutes the logical premise of fault identification.Only when the actor has the basic ability to distinguish and judge things,can we further investigate his subjective fault.When the rule of fault offset is applied to the minor victim,the premise of determining the fault of the victim is that the victim has the ability of negligence offsetting.In fact,the ability of negligence offsetting is the tort ability in nature.Therefore,before judging the fault of the victim,we should first investigate whether he has the ability of liability.Although tort ability in our country has not become a prerequisite for the establishment of tort liability,it is of great significance to the application of fault offset and the delimitation of the scope of liability.Although based on the recognition ability,the specific judgment standard of tort ability should adopt the mode of "age+recognition ability".