Research On Sharing Expansion Loss On The Condition Of Predisposition Concurrence

When it comes to the matter of whether to reduce the tortfeasor's liability of expansion loss which caused by predisposition concurrence or not,opinions are as diverse as academicians who give them,so does it in judicial practice.The releasing of guide case 24 makes no difference.There are many controversial problems of it at home or abroad.the "eggshell skull" rule that not to reduce the tortfeasor's liability of expansion loss which caused by predisposition concurrence in order to protect the rights and freedom of the victim had been confirmed by cases in Britain and other countries,while Japan is known for holding the ideal that it is necessary to consider the impact of the victims to reduce the liability of the tortfeasor for the same reason.Generally speaking,the problem is presented with the principle of not reducing the responsibility and reducing the responsibility as an exception.However,recently,this principle has became flexible because some scholars refuted it.It is entirely reasonable for me to believe that it is not a sample yes or no question when it comes to the matter of whether to reduce the tortfeasor's liability of expansion loss which caused by predisposition concurrence or not a matter of which principle should be insisted for it means we made a choice before we think.I clam that we would rather consider all the the faults and the causal relationship between the expansion loss and the predisposition.In this paper consist of four parts besides the introduction and references.they are what's the meaning of predisposition concurrence and the domestic judicial status of the problem as well as the theoretical analysis of the problemat home and abroad and the judicial application of it.The first part,with the help of specific cases,is mainly to explainthe meaning of predisposition concurrence and further clarify the classification of predispositionand predisposition concurrence.This part is mainly to explain the problem what expansion loss on the condition of predisposition concurrence is.The second part points out the importance of the problem in practice by analyzing the guiding case No.24 and other 33 related cases.It doesn't come as a surprise to us to realize that the judicial situation has not changed,the referee is still not unified by analyzing the cases both before and after guiding case No.24.This situation highlights the necessity and significance of this research as well as helps me find the emphasis and difficulty of this problem.This part is mainly to explain the reason why I research on the problem of sharing expansion loss on the condition of predisposition concurrence.The third part is a comprehensive analysis of the United Kingdom and the United States,Germany,France,Japanandother countries' attitudeon this issue in order to figure out the historical evolution and theoretical support as well as he nature ofthis issue.In the fourth part,on the basis of the above three parts,I discusses the issue depends on different types in order to providespecific rules for judicial practice.