Reflection And Optimization On The Equitable Liability

With the continuous development of society,the accidents we encounter in our lives are becoming more complicated.In order to remedy the shortcomings of the fault liability and no-fault liability for the relief of victims,the law provides for the equitable liability.But in reality,there are many problems caused by the principle.On the one hand,there is fuzziness in legislation,which has caused many disputes in theory and practice,and there are many abuse phenomena in practice.On the other hand,there are also some problems in the theory of the equitable liability.It does not meet some requirements of tort law,and its own value orientation is contradictory and it does not meet the requirements of efficient economy.It is undeniable that the equitable liability has brought a lot of help to solve relevant problems in the social background at the beginning of formulation,however,with the development of society,the legal system is becoming more and more perfect,and the shortcomings of equitable liability itself emerge gradually.The author thinks it is necessary to carefully examine and strictly limit its application.The equitable liability has always been a hot topic in the theoretical and practical circles.Looking at the existing research results on issues related to equitable liability,the mainstream of the academic community is still affirming the existence of equitable responsibility at present.Most scholars’ discussions mainly focuse on the characterization of equitable liability and problems in application.In order to better resolve related disputes,a deeper and overall grasp of equitable liability is required.Based on this background,this article intends to draw on the existing research results and introduce the problems of equitable liability through real cases,sort out the related legislation and academic controversial viewpoints of equitable liability in China,analyzes the unreasonableness of equitable liability from different angles,and puts forward suggestions for improvement.In addition to the introduction and conclusion,the article is divided into four parts.The first part is an overview of equitable liability.It sorts out the relevant legislation and theoretical status of equitable liability in our country,analyzes it,and points out that the current fair liability lacks the corresponding theoretical basis.The second part points out that the judicial abuse of equitable liability affects social harmony and stability.By collecting100 judgments,it conducts an empirical analysis of thejudicial practice of equitable liability in China at this stage,and summarizes the problems in the practical application of equitable liability,the abuse caused by it,and the reasons for the abuse.In the third part,it reflects on the shortcomings of equitable liability itself.First,equitable liability is contrary to the value pursuit,attribution basis and functional positioning of tort law.Second,equitable liability does not conform to modern fairness concepts,and its own value orientation is contradictory.From the perspective of law and economics,it does not meet the requirements of efficient economy and is not the best way to solve problems.The fourth part proposes the optimization concept of equitable liability.On the one hand,it starts with the amendment of the civil code to equitable liability to continue to improve equitable liability itself.On the other hand,it puts forward the means to solve the problem of loss sharing in addition to equitable liability to make up for the defects of the system that both parties of the tort law have no fault for the fact of damage but can not determine the ownership of loss when the damage occurs.I hope to provide some help in solving the problem of loss sharing of accidents in a risk-prone society.