On Tort Exemption Excuses In The Perspective Of Interests Balancing

The essence of Tort Exemption Excuses is not to justly reduce tort liability but to justly allocate social interests. Exemption Excuses serve as the core of balancing system in Tort Law, have significant influence on interests allocating, and aim to achieve balance among interests. Many defects of Exemption Excuses have not been mended by the issue of Tort Law of the People’s Republic of China. The application and improvement of Tort Exemption Excuses is a process of seeking equilibrium among interests, which is inevitably accompanied by drastic interests conflicting.Interessenjurisprudenz, with the core of interests balancing, deems that the essence of law is the comparison and collision among interests, and law the product of interests consequently. It also claims that the duty of legislation and judicature is to keep interests collision and social contradiction within a limitation which should guarantee social harmony and development. In the background of social lifestyles fast-changing and social interests collisions increasing, the Interests-balancing Theory of Interessenjurisprudenz would benefit the application and improvement of Tort Exemption Excuses, which would thus better help balance benefits in the society. In the view of Interessenjurisprudenz, this paper aims to exerts Interests-balancing Theory of Interessenjurisprudenz to analyze Tort Exemption Excuses, in order to provide judicial practice and legislative perfection with valuable guiding ideology and analysis pattern.The paper is majorly divided into four parts. The first part illustrates development process, main standpoints and application pattern of Interests-balancing Theory of Interessenjurisprudenz. This part attempts to summarize its theoretical basis relevant to the research objectives of the paper, to provide theoretical support for the research on Tort Exemption Excuses. The second part demonstrates the necessity and feasibility of Interests-balancing Theory applying to Tort Exemption Excuses. First, it discusses the practical and theoretical significance of the applying. Second, it emphatically analyzes the necessary interests factors to consider and the interest effect status to achieve, so as to provide theoretical directions for the application and perfection of Tort Exemption Excuses. The third part analyzes current legislative situation of Tort Exemption Excuses and concludes its legislative defects in the view of Interessenjurisprudenz. The forth parts raises legislative suggestions on the perfection and development of Tort Exemption Excuses by employing interests-balancing theory of Interessenjurisprudenz. It includes enhancing the congruousness of Exemption Excuses, innovating application conditions of Exemption Excuses and adding necessary types of Exemption Excuses.