| During the long history of duty attributed, the principle of fault responsibility has been insisted on since Roman law. "No fault, no guilty" has become a famous low motto. With the high-speed development of economic society, more and more industry accidents and public harm accidents happen. Because it is impossible for the victim to give examples to testify the faults of the assassin, according to the law spirit of fair and justice and considering the policy of taking care of the weakness, resolving problems as well as keeping social stability, many countries have formulated the principle of no fault responsibility which is also called the principle of no error responsibility. It is a special principle that can be used only under the conditions suited to the law prescription. With the rapid development of market-economy, the principle of no fault responsibility has been widely used both at home and overseas. Nowadays, under the situation of constructing a harmonious society, it plays a more and more important role in solving tort and maintaining the harmony and stability of our society, which has drawn the attention of law theory field as well as law practice field day by day.This article starts with the concept of the principle of no fault responsibility and the characters of law, discusses the attribution sources and applicable fields, analyzes the differences between he principle of no fault responsibility and other related principles include fault responsibility, strict responsibility, fault deduced responsibility and danger duty, uses the method of contrasting analyze, researches the theory basic and reality value of the principle's existence. From what it talks, this article put forward that under the background of constructing a harmonious society, we should confirm the elementary principle of no fault responsibility's law state, clear the principle's content when making law, enlarge the applicable extent of the principle moderately in judicature practice and stipulate duty quota when using the principle, strengthen and consummate the system and mechanism that match the principle, rebuild the duty attributed system of the principle of no fault responsibility, in order to solve the lawsuits caused by tort in judicature practice more fair and reasonable, provide perfect law basis to make it more convenient for the victim as the weak side to get reasonable relieve and make services to promote the constructing of a harmonious society. |
