The Victim’s Intentional Rule In The Tort Liability Section Of The Civil Code

Intention as a cause of exemption or reduction of liability has existed for a long time in China’s civil law,and the relevant provisions are always abstract.According to civil law and criminal law scholars’ research on intention,the victim’s intention means that the victim knows that his behavior has great possibility of causing damage,and actively pursues this result,or can accept or tolerate the occurrence of this result.The victim’s intentional rule refers to the rule that reduces or exempts the perpetrator’s liability when the victim intentionally causes his own damage.The victim’s intentional rule is stipulated in both fault liability and no-fault liability.Under these two imputation principles,the applicable elements of the victim’s intentional rule are slightly different.First of all,regarding the victim’s capacity to act,the victim’s intentional rule is based on the premise that the victim is at fault and can take responsibility for his fault,which requires the victim to have capacity to act.Secondly,Regarding the victim’s subjective mentality,the victim’s intention includes the victim’s direct intention to pursue the consequences of damage and the indirect intention to let himself suffer.In view of the fact that it is difficult to distinguish the external manifestation of the victim’s indirect intention from the victim’s negligence in practice,It is believed that the victim’s indirect intention is not included in the scope of application of the victim’s intentional system,and it will not result in unfair distribution of tort liability.In fault liability,the victim’s indirect intention requires the victim’s direct intention,while the victim’s indirect intention applies the fault offset system to reduce or exempt the perpetrator’s liability.In no-fault liability,Based on the theory of danger control and the relative fixity of the area where danger may occur and the relative predictability of danger in no-fault liability,it is relatively easy to distinguish the victim’s indirect intention from gross negligence,and the victim’s indirect intention should also be included in the scope of application of the victim’s intentional system.Thirdly,regarding the causal relationship between the victim’s behavior and the damage result,If the actor’s behavior is not an indispensable condition for damage,there is no causal relationship between the actor’s behavior and the damage result.At this time,the victim’s intentional system should be applied to exempt the actor’s responsibility.For example,both the actor’s behavior and the victim’s behavior are indispensable conditions for damage.Then applying the system of negligence offset can reduce the liability of the actor according to the contribution of both parties’ actions to the damage result.Finally,regarding the subjective fault of the actor,according to the mechanism of reducing or exempting the responsibility of the victim’s intentional rule,the principle of self-responsibility and the theory of law and economics,the subjective fault of the actor has no influence on the application of the victim’s intentional rule.The legal effect of the victim’s intentional rule includes exemption and reduction of liability.In fault liability,the victim’s intentional system can be applied to exempt the perpetrator from tort liability if it meets the applicable requirements of the victim’s intentional system.If there is a causal relationship between the perpetrator’s behavior and the victim’s damage,at the same time,at the level of causal relationship of liability,The contribution of a person’s behavior to the damage result is negligible,and the liability of the person can also be reduced to zero by applying the negligence offset system;If the actions of both the victim and the actor have made different contributions to the damage result,the negligence offset system should be applied,and the actor’s liability should be reduced as the case may be.In no-fault liability,The Civil Code has made some special provisions on the victim’s intention,and the application effect of the victim’s intention rule in no-fault liability should be analyzed separately in combination with the special provisions of the law and cases.