The Applicable Conditions Of Fair Liability In Tort Law

The emergence of fair liability has brought a huge impact on the traditional tort law.The recognition standards required by the traditional tort law system have changed in the actual judicial application of fair liability,which makes the judicial results different and the problems prominent.However,as a general rule to solve the problem of loss sharing between the perpetrator and the victim,fair liability is still a part of tort law.This general rule on loss sharing does not require that in every case where fault liability or no fault liability can not be applied,fair liability must be used to solve the dispute.In some cases,fair liability may not be applied.The specific conditions of tort liability can still be regarded as the conditions of fair liability.However,the simple stipulation of "no fault for both parties" in law has led to the abuse of fair liability in practice.From our general understanding of fair liability,we can know that fair liability is a socialized share of personal losses and a taste of "robbing the rich to help the poor".From the perspective of economic analysis,it is good to set clear conditions for fair liability.The cost of management is reduced,the predictability of people's behavior is greatly increased,and the safety of law is reflected.From the general point of view of tort liability,the application conditions of fair liability as one of them can be set out from the general attribution conditions,subject,behavior,damage result,fault and causal relationship conditions are satisfied one by one,of course,some conditions can be appropriately relaxed.In a word,this kind of restriction on the application of fair responsibility can not only alleviate the risk of abuse,but also improve the social efficiency.