The Application Of The System Of Negligence Offset Research

Since July 1st,2010, Chinese Tort Law officially came into effect, and through the provision 26 in the main chapter, together with provision 60,72,73,76,78in the scattered chapter, the framework of our system of "Comparative Negligence" has been built up thereon.Comparative Negligence, as a fundamental rule for responsibility allotment, mainly resolve the question of how to attribute responsibilities among both sides when a victim is also at fault for causing the damage.This thesis is composed of three parts, and they are, the outline of the negligence rule, the detailed structure of the rule and its application in the judicial practice.Chapter 1. The Theory of the Comparative Negligence, in this part, the author firstly introduce the concept and law characteristics of Comparative Negligence, thus the reader has a clear understanding and sound preparation for further research. Second, the author elaborates the legal principle of the rule, points out that the legal basis of Comparative Negligence, which is fundamentally the incarnation of the law equity and justice. Then, the author discusses the origin of Comparative Negligence, The comparative study between the Anglo-American law system and our law system, and their historical development, which are the historical evidence for further discussion.Chapter 2. Definition of the Comparative Negligence. This part makes clear the three component elements of the rule, that is, the victim is at fault; the victim’s behavior is the cause for the occurrence and the extension of the damage; and the victim’s behavior is inappropriate. This thesis also addresses the hot issue in the present legal field, which is whether a victim is able to offset the negligence or not, and presents the author’s comments. In addition, the author outlines Comparative Negligence by pointing out the differences between the rule and other rules alike.Chapter 3. Application of Comparative Negligence. In this chapter, the author first introduces the application under various allotment principles and then the author probes into the spheres of subjects, the application in the mental damage and its compensation. At last, the operation of the rule in the present legal practice is analyzed and the limitations of the rule are also discussed herein with measures for improvement given.