On Fair Liability Of Tort Liability Law Of China

China’s "tort liability law" stipulated in article twenty-fourth the fair liability, which in the maintenance of the rights and interests of the victims and the parties balance, while safeguarding the tort liability act as a whole has a more important role in the legislative system. But in legal practice, the tort law of China with regard to the provisions of the equitable liability with the corresponding fuzzy, so in practice in handling cases appeared a lot of new problems. Therefore, how to better explore the definition of fair liability, properties, application and the effect of for the fair responsibility system has important theoretical significance in practice.The from the actual case of focus on the analysis of fair liability system of legislative theory and judicial practice, take practice combined with theory analysis method, analysis of the equitable liability relevant basic legal principle, theory, application and the effect. This article consists of five parts,and 20000 words in all.The first part is put forward the question. The writer cite a specific case to put forward the equitable liability in our legal practice use, put forward thinking triggered by the relevant cases and put forward specific issues, and to expand the back part of the fair responsibility analysis and discussion.The second part is an overview of fair liability. This part first introduces the concept of fair liability, and then expounds the relevant characteristics of the fair liability cases. The last is the analysis of the fair liability system.The third part is the related legislation and orientation of fair liability. In legislation is mainly introduced China’s "civil law" and "tort liability law" the relevant legislation in the positioning of the equitable liability in the practice of law legislation, to carry out discussion on analysis of fair liability imputation principle, loss sharing and general terms.The fourth part is the analysis of the application of the fair liability. The analysis of relevant applicable elements is combined with the theoretical analysis of the relevant elements of tort liability. The main contents of the analysis are: the main elements of the fair responsibility, the subjective aspects of fair responsibility, the causal link elements of fair responsibility and the objective elements of fair responsibility.The fifth part is improving suggestions of the system of fair liability. Deficiencies in the practice of equitable liability for the author of this paper, from the perspective of how to best accomplish the victim relief to safeguard the interests to reach the tort liability law balance, improve the specific recommendations include objective loss of victim identification, the victim and the perpetrator of economy considerations, the judge applies the equitable liability limit, fair liability of typological improve thinking and the victim of social relief system.