Study On Judicial Application Of Equitable Liability In China In The Era Of Civil Code

Equitable liability has always been one of the controversial points in China’s legal circles.Whether it is the controversy arising from different understandings of theoretical scholars on the justification and nature of equitable liability,or the phenomenon of judges generally expanding the scope of its application in practice,all of them undermine the authority of law and are not conducive to social stability at the same time.The controversy of equitable liability has become the common voice of everyone.More than two years have passed since the implementation of the Civil Code of the People’s Republic of China(hereinafter referred to as "the Civil Code"),and the Civil Code has also made important changes to equitable liability,but this move does not seem to have completely calmed the criticism of the application of equitable liability from all walks of life.In this context,this paper aims to analyze the legal connotation of equitable liability by combing vivid judicial cases in the era of civil code on the basis of existing research results,and then lead to the existing problems and causes of equitable liability in China,and finally try to put forward suggestions for improvement with interpretive theory as the primary principle.This paper is divided into five main chapters.The first chapter is the introduction,which mainly discusses and analyzes the social background,research significance,the current situation of domestic and foreign research,research methods and innovations and shortcomings of the issue under study,and introduces the following chapter.The second chapter is to sort out the changes in the application of equitable liability and the current situation.Regardless of the understanding of the nature of equitable liability,as a norm that actually produces legally binding effect on people,the underlying logic of equitable liability is to coordinate the freedom of parties’ behavior and the protection of their rights and interests.The study of the history of the application of equitable liability in China is helpful to understand the legislative purpose behind the provision,and the understanding of the current situation of equitable liability is helpful to identify the problems of the current application in the light of judicial cases.Chapter 3 focuses on the judicial application of equitable liability.The cases of judicial application of equitable liability in the era of civil code are taken as sample materials,and the current situation of the application of equitable liability by courts at all levels in China is analyzed through the method of data visualization,and finally the representative cases are selected to provide reference guidelines for the current problems of judicial application.Chapter 4 points out the current problems and causes of equitable liability,the main problems include the confusion of the standards of equitable liability,the ambiguity of the scope of application and the uncertainty of the scope and proportion of loss apportionment in the application of equitable liability,the causes of which include the lack of proper understanding of the essence of equitable liability,the misunderstanding of the general and specific provisions of equitable liability and the arbitrary consideration of the scope and proportion of loss apportionment in the judicial application.The fifth chapter is to suggest the future development of equitable liability.The law is naturally lagging and limited,and only continuous improvement can meet the needs of society.This paper takes into account the two directions of legal regulation and judicial practice,and the contents can be divided into: clarifying the rules of application of equitable liability,improving the standards and scope of application of equitable liability,and clarifying the scope and factors of investigation of loss apportionment.