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On Equitable Liability Principle

Author: TangLiTao
Tutor: LiuDan
School: Chongqing University
Course: Legal
Keywords: Equitable Liability Loss-sharing Imputation Principles Application of the law
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 109
Quote: 0
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Abstract


The fair principle of responsibility is an important legal principles of our tort . It make up for the principle of fault liability and no-fault liability principle adjustment has important practical significance for effectively resolve civil disputes , safeguard the legitimate rights and interests of citizens and promote social harmony and stability . Tort theory , however , the concept of the word \The principle of equitable responsibility once as the mainstream view is accepted by the majority of scholars regarded as infringing the principle of Liability . But the principle of equitable responsibility Tort Liability tension on the logic of the principle of system has been unable to be effectively addressed . With the development of legislative practice , we also recognize the principle of equitable responsibility should continue to develop. Tort Liability Act, \Modern tort law gradually formed a new responsibility allocation mechanism infringer protection , target loss-sharing at a reasonable solution to social conflict . Principles of fair liability loss-sharing principle in nature , it is an important complement to the principle of the Responsibility , but in itself is not a tort liability component of the Principles of Responsibility . Only on the basis of a correct understanding of the definition of fair principles of responsibility , as well as their legal status in order to better application of the principle of equitable responsibility in judicial practice . Follow this logic structure , this paper is divided into three parts . The first part focuses on the definition of fair principles of responsibility , with its emphasis on clear principles of fair liability nature of the loss-sharing principle . The second part of the legal status of the principle of equitable responsibility , focused on elaborate the difference between fair liability principle and the principle of Tort Liability , and its not suitable as a reason for the Principles of Responsibility . The third part is the combination of legislative practice , judicial practice on the basis of a fair legal applicability of the principle of responsibility .

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CLC: > Political, legal > Legal > Chinese law > China and France
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