Research On Judicial Application Of Equitable Responsibility

In“The civil code,tort liability(three review)”,equitable liability in tort liability law regulations will turn “according to the actual situation”into“in accordance with the provisions of the law”,this shift may be a new starting point.In the future,legislation for the nature of the equitable liability and specific applicable types is likely to be the perfect direction.The typified design of fair liability will affect the development trend of fair liability,and the problems such as what circumstances fair liability should be applied,what conditions should be satisfied,the scope of compensation and the proportion of loss sharing should be further clarified.The essence of fair liability is the debt of legal compensation and the obligation of legal compensation.The applicable condition of fair liability is that there is no fault between the parties,there is a certain correlation between the compensator and the compensated person’s loss.That is whether there is a factual causality between t he examination behavior and the occurrence of the result,the victim suffers serious damage and there is no other remedy.Article 24 of the tort liability law can be regarded as the general provision of fair liability.The circumstances provided for in the articles of tort liability law is generally accepted that contains in fair responsibility specific typed type,such as the tort liability law article 23,article 31,33,87,by academic circles.But whether it is right and comprehensive remains to be verified.It is a trial as well as a progress to summarize the typical types of fair liability and the typical types that are not applicable under the current system.The basic framework of equitable liability should be based on general terms and applied specifically in the case of typification.There are two types of concretization,which can be preliminarily divided into two categories: actor bearing fair responsibility and beneficiary bearing fair responsibility.The fair liability of the actor includes the voluntary organization of sports activities,the loss of consciousness of the person with full capacity for civil conduct,the traffic accident in which the liability cannot be determined,and the fair liability of the accident caused by other actors.The beneficiary’s fair liability includes the fair duty of good cause,the duty of emergency,the duty of damage for others’ benefit or common benefit.However,in the specific case of unknown offender,educational institutions that have fulfilled the duty of supervision and the obligatory security agents who have fulfilled the duty of safety protection in campus injury cases do not apply the fair responsibility in the case.The above types of application are slightly different from the general theory of the theoretical circle and the specific application situation of judges in judicial practice.Based on legal considerations and theoretical argumentation,the problem of abuse in practice is explained,and the purpose of defining the type of cases and the clarity of judicial application is achieved through elaboration.When there is an actor or a beneficiary and a victim’s case,the application of fair liability in the victim’s case,both parties shall be satisfied that there is no fault,and to review whether there is a factual causal relationship between the act and the result,whether the degree of damage is serious and there is no other remedy.In addition,it should be noted that the scope of compensation is limited to direct losses,and the reference factor of compensation ratio is not limited to the economic conditions of the parties.The purpose of this paper is to put forward some suggestions on judicial application under the existing legal system.Firstly,it adopts a typological approach to the application of fair liability,defines the type of application and excludes the typical cases of fair liability.Secondly,the compensation scope and proportion of fair liability should be clarified.At the same time,it is necessary to strengthen the argumentation to ask the judge to apply the fair liability,and put forward the expectation to establish the comprehensive civil damage relief mode.