The Research On The Principle Of Fair Responsibility In Tort Liability Law

In the theory of tort law,the academic circles have differences and disputes on the definition of the principle of fair liability and its legal status since the word "fairness" has a strong moral color and its concept is ambiguous and there are still unclear rules on the principle of fair liability,besides there is no corresponding judicial interpretation that can stop the dispute.It Not only does the nature,applicable conditions and scope of fair liability have no clear legal basis,but it also leads to the lack of uniform standards in practice.Therefore,this principle is also enshrined in a series of problems while exerting its positive effects.In this context,this paper attempts to deeply analyze the principle of fair liability from the theoretical level,and re-examine the origin,connotation,characteristics,constituent elements of the principle of fair liability and its important value in the system of tort liability imputation.It puts forward the predicament of the implementation of the principle of fair liability in China's tort law and the corresponding solutions,with a view to providing some reference for legal practice.This paper starts from the actual case,focuses on the legislative theory of the principle of fair liability and the analysis of judicial practice,and adopts the method of analysis,the method of history,the method of linking theory with practice,and systematically studies the principle of fair liability.The full text is divided into five parts.The first part is the introduction.Through the comparison of two cases,the application of the principle of fair liability in the judicial practice of our country is put forward,and the research on this issue at home and abroad is reviewed,so as to analyze the principle of fair liability later;the second part is the principle of fair liability.In summary.Firstly,it introduces the origin of the principle of fair liability,then elaborates the definition of fair liability case,and finally analyzes the function of the principle of fair liability.The third part deeply analyzes the principle of fair liability and analyzes the status quo of the principle of fair liability in tort liability law.The logical system of the principle of liability for infringement liability,the necessity of establishing the principle of fair liability in the Tort Liability Law and the constituent elements of the principle of fair liability in the Tort Liability Law;the fourth part is the problem of the implementation of the principle of fair liability in the Tort Liability Law.This paper argues that China's current implementation of the principle of fair liability in the Tort Liability Law mainly includes three aspects: unclear legislative form,unclear scope of application,and unspecified application conditions.The fifth part is the reconstruction of the principle of fair liability in tort liability law.The author comprehensively emphasize the shortcomings of fair liability in practice,and reconstructs the principle of fair liability from the perspective of how to maximize the relief of victims.The specific recommendations include the principle of fair liability and the scope of application in the tort liability law,timely release of guiding cases,improve the level of judges,strong.To supervise the judicial referee and improve the social relief system etc.The principle of fair liability is an important legal principle of our country's tort law.It makes up for the gap of principle of fault liability and non-fault liability.It has significant practical meaning for effectively solving civil disputes and safeguarding the legitimate rights and interests of citizensentering social harmony and stability.