On The Rule Of Negligence In Tort Liability Law

The negligence rules that if a victim is also at fault for causing the damage,the civil liability of the infringe may be reduced.Negligence which takes up a very important role in every country’s tort law as an element of tort liability is generally adopted by many countries in the world.There are flaws of the contributory negligence in China,article 26 of the law of liability for infringement is highly generalized and the applicable conditions and scope of the negligence are not detailed or comprehensive.In the judgement,the court’s application of the negligence is more confusing,whether is applied and how to determine the proportion of the infringer and the infringed person’s responsibility,the judgment often lacks enough explaining and.The legislative and judicial predicaments of negligence need to be resolved through more in-depth research.The research mainly contains two issues that Whether or not to establish a fault and how to offset it.The fault of the infringed person is the premise of the application of the fault and the essence is the violation of the true obligation.The fault of the infringed person is divided into gross negligence and general negligence.The classified method has a great influence on the application of the negligence.There should be a causal relationship between the fault of the infringed person and furthermore,the damage should be caused by the infringer.The infringed person should have the corresponding ability to lay a burden,which is different from the citizens’ capacity for civil conduct.In the cases of negligence,we should explore ways to properly allocate the proportion of responsibilities between the two parties,thinking Comprehensive factors such as Cause force and fault are analyzed in specific cases,paying particular attention to the application of the majority of the infringements.With formulated by our Civil Code,we should take measures to improve the system of negligence in the Civil Code Tort Liability Compilation,making more detailed provisions on the types of negligence,Specifically which includes the applicable conditions,exclusions,and application of the principle of no-fault liability should be clarified.