Gross Negligence In Civil Law

Gross negligence is an old concept, which is often a new topic. It has ownconnotation in Roman law period. With the development of the Civil Law, Grossnegligence has firmly permeated into civil law with various forms and occupying animportant position. However, the understanding of gross negligence is still insufficientnow. The judgment standard is fuzzy and disunity. This species theoretical do notunderstanding has led to the chaos on trying practice. Author tries to discern the conceptof “gross negligence” by reviewing the course of forming and changing of theconcept in this paper. The author considers that it is not make sense for treating grossnegligence as an independent fault type. It is an aggregated negligence, and it stillbelongs to the kind of negligence, with the same common features. Also, it also hassome special features.For gross negligence that largely determine whether the doer need to assume theresponsibility and take responsibility for the types, ways, etc. we not only consider thebehavior’s subjective cognition on danger but also the objective of manufacturingtremendous risk by the behavier when deciding whether he or she constitute grossnegligence or not. According to different standards, we can divide gross negligence intodifferent types. when we firmly believe the behavier have constituted gross negligence,it will lead to the corresponding legal consequences.