Research On Implement Of The Fair Responsibility Principle

In China's civil law,Article 132 of the General Principles of the Civil Law stipulates the content of the principle of fair liability,and then Article 24 of the Tort Liability Law changes it from "sharing civil liability" to "sharing losses",laying the legal foundation for the principle of fair liability.However,the position of fair liability in the tort liability law system has been debated endlessly in the academic circles.The author thinks that fair liability is an independent principle of imputation,and its legal status is the same as the principle of presumption of liability for fault,the principle of liability without fault,and the principle of liability for fault.The role of division.This article also makes a detailed discussion on this.The principle of fair liability is a principle of imputation under the system of tort liability in China.It refers to the actual damage result based on the behavior of the parties,and there is no intent or fault between the actor and the victim.If it is unfair for the victim tobear the consequence of the damage independently,it is a principle of law applicable to grant the judge the right to order both parties to share the consequence of the damage fairly according to the actual situation.Under the framework of modern civil law,the basic function of tort law lies in balancing the interests of the parties,that is,the balance between the freedom of action of the actor and the right relief of the victim.Under this balance,the principle of fair liability has been formed to fill the vacancy of the principle of legal liability,and a complete set of tort liability system has been formed.Under this system,if the principle of fair liability is not properly applied,it will affect the adjustment of the balance between the perpetrator and the victim.Therefore,reasonable restriction of the application of fair liability,effective regulation of the principle of fair liability,so as to make fair liability more fair has become an important issue in the current tort liability system.This paper,apart from the introduction and conclusion,is divided into three parts to start the narrative,from the surface to the inside,from the shallow to the depth of the principle of fair responsibility for deconstruction and analysis,and finally put forward a normative principle of fair responsibility for the method.The main content of the first chapter of this article is an overview and characterization of fair liability.Based on the concept and constitutive elements of the principle of equitable liability,this chapter determines that the principle of equitable liability is a principle of imputation under the framework of tortliability law,which together with other imputation principles constitutes the imputation system of tort liability law.The second chapter lists other imputation principles under the framework of tort liability law in China,and analyzes the difference and relationship between the principle of fair liability and other imputation principles.Discusses the ways of attributing responsibility to the actor's behavior under different circumstances and the remedies for the actual loss of the victim.It clarifies the division of responsibilities and the joint action of tort liability law in China.The third chapter,as the justification of this article,is the most important part of the article.This chapter firstly summarizes the application of the principle of fair liability,and then finds the problems in the application of the principle of fair liability through the application of examples in China's judicial practice,and finally puts forward the author's opinion to regulate the application of the principle of fair liability,so that the principle of fair liability is more fair.In conclusion,there are still many problems in the application of the principle of equitable liability,which need to be solved step by step.In the case of the application of fair liability,the meaning of "fairness" should be gradually improved,and a set of rules should be formed to conform to the principle of fair liability,so as to regulate the correct implementation of the principle of fair liability and make it more equitable.When applying this principle,judicial judges should take into account the dignity of justice while ensuring socialjustice.The right of discretion conferred by the law should be reasonably applied,and the fair liability should be applied within the framework of gradually improving the application of fair liability,thus making the principle more legitimate and fair.