Research On The Application Of Fair Liability In Unexpected Events

In recent years,Fair liability often comes into the public view by virtue of negative news,which has already caused a lot of controversies in the theoretical circle and judicial practice.Moreover,the uncertainty of applying other rules of compensation for damages in accidents aggravates the confusion of applying Fair liability.Although the Civil Code of the People’s Republic of China has revised the Fair liability,its specific content is still very general,and it can?t solve the confusion in practice,which poses a great challenge to judicial practice and deepens the doubts of all sectors of society on the application of Fair liability in accidents.In the perspective of three typical cases,this paper applied with Fair liability is an accident in the legislative,judicial and academic circles of probing,combing an accident in the types of legal provisions for Fair liability analysis applied with Fair liability of accident in the main problems and reasons,and in-depth analysis of Fair liability associated with specific accident,looking for legal and reasonable scope.In addition,in addition to the application of Fair liability in compensation for damages in accidents,there are also the application of exemption rules(self-accepting risk)and liability reduction rules.Only by clarifying the application scope of relevant rules can the application scope of Fair liability be clearly defined.Through the above research,it is found that the key to solve the application of Fair liability in accidents is to clarify the scope of application of Fair liability.On the one hand,the substantive application scope of Fair liability in accidents is established by clarifying the constituent elements of Fair liability in accidents and the application order of its and relevant rules.On the other hand,by improving the social relief system of Fair liability in accidents,the concept of diversified relief should be established,the diversified rescue channels with compulsory insurance as the main one should be established,and the applicable scope of equitable liability in diversified rescue should be clarified,so as to fully realize the balance between fair value and rights and freedom protection.