公平责任原则在我国侵权案中的适用-法律学专业论文.docx

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract The purpose of this essay is to acknowledge the principle of equitable liability as an imputation in Tort Law, then to analyze and improve its application in legal practice. In order to do so, the author collected legal cases, which applied the principle of equitable liability in the recent years, studied its categorization, judged its right or wrong, and gave useful suggestions. It is worthwhile reading as it helped a lot in achieving fairness and justice in the practice of law. The essential of the principle of equitable liability is when the parties both have no fault for the severe damage caused, the judge could put burden on the causation party because of the specialites of the case so as to balance the interest loss. In Chapter One, the author introduced the concept of principle of equitable liability, providing the basis for further studying. Then, the author indicated its performance in provisions. Through the textual research on its history, readers could easily understand differences of imputation theory between common law system and civil law system. Its function explained its importance. Moreover, its application in legal cases is self-evident as a necessity for imputation system in Chinese Tort Liability Law. In Chapter Two, the author summerized its situation in jurisdiction by the way of case categorization. Then the author concluded its point in dispute. It is necessary for readers to learn for understanding the meaning of this article. The final chapter is about how to improve its application. The analysis was also made from two aspects of jurisdiction and legislation. The necessities for establishing the burden were all carefully analyszed. In this essay, real cases has always been put emphasis on. The application of the principle of equitable liability illustrates its signification by itself. Key words: imputation equitable liability principle of equitable liability III III 目 录 摘 要 I HYPERLINK \