Research On The Rule Of Deduction For The Principle Of Full Compensation

The protection of the obligor in the current civil procedure law will not eliminate the obligation of compensation in substantive law,but only postpone the obligation of compensation to the future.However,the Civil Code does not establish abstract and universally applicable legal principles to limit full liability,so minor negligence leads to huge compensation and so on.Therefore,the establishment of full liability should provide necessary support for the social stability and sustainable economic development of our country.In the application of the rule of full liability reduction,the application of the rule of livelihood reduction in our country is obviously more appropriate than that of fair reduction in China.The purpose of the rule is to safeguard the fairness and justice of the case.First of all,the intention of applying the rule of fair action reduction in individual cases is to maintain substantive fairness,but there is no unified objective standard in terms of the subjective value definition of fairness itself,and in daily life,The boundary between ordinary risk and abnormal risk is not clear.By contrast,the system of livelihood reduction composed of strict control mode and ex officio exclusion mode can ensure the stability of the law to the greatest extent,and one of the results of similar cases.Avoid social instability caused by the rule of fair reduction.Secondly,the purpose of the system of livelihood reduction is to protect the basic right of survival of the obligor,so that the obligor of compensation will not be unable to maintain his own livelihood because of the performance of the obligation of compensation,thus affecting the development of social economy.Moreover,the system of civil law contains the connotation of the principle of fairness.Neither the livelihood reduction rule nor the fair reduction rule excludes the fair principle,both of which are the embodiment of the fair principle and are only the differences in the way of protection.The choice of livelihood reduction rule instead of fair reduction rule is not the negation of fair principle,but the confirmation of fair principle in civil code.The nature of the rule of livelihood reduction envisaged in this paper is the right of defense,the subject of exercise is natural person,and the subjective state of the requirement of discretion reduction does not include intentional and general gross negligence.Furthermore,in the case judgment,the court supports the claim of the obligor of compensation,and applies the rule of livelihood reduction in the case.It also needs to consider the economic bearing capacity of the parties to the lawsuit,whether there is a special legal relationship between the parties to the lawsuit,whether the damaged subject matter has irreplaceable or special value and whether the infringer's subjective attitude after the infringement-that is,whether there is consideration of multiple factors to determine the final compensation amount,while ensuring the basic survival rights of the obligor,to ensure the fairness of the judgment results.