Research On Related Issues Of Fair Loss Sharing Rules

The discussion on fair loss sharing rules has always been in a state of heated discussion,whether in theory or in judicial practice.In terms of theory,the main issues discussed are the legal attributes of the fair loss sharing rules and the prerequisites of the rules in the application process;the practical community mainly discusses the fair loss sharing rules in judicial practice.The issue of application,in the context of the implementation of the Civil Code of the People’s Republic of China(hereinafter referred to as the “Civil Code”),the legal provisions of Article 1186 of the “Civil Code” regarding fair loss sharing rules have also been changed.The situation”is changed to“in accordance with the provisions of the law”.What impact will this change have on the application of fair loss sharing rules in judicial practice,whether it will cause new problems,and whether fair loss sharing rules still need to be improved? All problems should arouse our attention and attention.This article will mainly analyze the above problems through four parts,the specific content is as follows:The first part is an overview of fair loss sharing rules.This part first expounds the basic concept of fair loss sharing rules,and explains the concept of fair loss sharing rules based on the literal interpretation and the latest provisions of the Civil Code.Then it analyzes the legal nature of the fair loss sharing rules,and through the study of different viewpoints,clarifies the basic position of this article on the legal nature of the fair loss sharing rules,and it is more reasonable to recognize the negation of the imputation principle.Subsequently,the system value of the fair loss sharing rule is explained,and the value basis of its existence is clarified from the two aspects of maintaining social fairness and justice and realizing social relief.The second part is the fair loss sharing rules before the Civil Code.It analyzes the fair loss sharing rules before the implementation of the Civil Code from the two levels of legal provisions and judicial application.By combining with the development process of China’s tort legal system over the past 40 years,it focuses on the General Principles of Civil Law.The legal provisions on fair loss sharing rules in the two laws and the "Tort Liability Law" are summarized by the data and typical cases retrieved from the two major websites of China Judgment Document Network and Peking University Fabao.Before the implementation of the Civil Code,the development trend and main problems of the fair loss sharing rule in judicial application.The third part is the fair loss sharing rules under the "Civil Code".Based on the latest provisions of Article 1186 of the Civil Code regarding the fair loss sharing rules,the reasons and effects of the amendments to the legal provisions are analyzed,and the statutory circumstances under which fair loss sharing rules can be applied are discussed,and the revised legal provisions are discussed.The issue of the judicial value of the fair loss-sharing rules,while recognizing that the "Civil Code" is indeed necessary to amend the legal provisions of the fair loss-sharing rules,at the same time expounds the fair loss-sharing rules from the two angles of the systematic and openness of the legal system of tort liability The necessity of existence,in-depth analysis of the new problems arising from the revision of legal regulations.The fourth part is the suggestions for perfecting the fair loss sharing rules under the "Civil Code".On the basis of the foregoing content,the "Civil Code" tort liability edits the legal provisions of the fair loss sharing rules,and combines the development of the tort liability legal system and the actual situation of social practice to propose the future development direction of the fair loss sharing rules The recommendations must be improved at the level of legal provisions and judicial application,and the social security system must also be improved.The resolution of any legal problem is a long process,which requires continuous improvement of legal provisions through various attempts based on practice,as well as the fair loss sharing rules.By analyzing the evolution and development of the fair loss sharing rule in my country,it is not difficult to find that although the rule does have various problems in the application of judicial practice,it does play an irreplaceable role in the tort legal system.After my country officially entered the era of the Civil Code,we should face up to the importance of fair loss sharing rules and give full play to the positive role of fair loss sharing rules.