过错责任归责原则在司法实践中的运用-@@专业论文.docxVIP

1 1 Abstract Implementation of Tort Law Chinese Civil Code marks an important step on the road, tort law as a civil rights protection law and property law, contract law together constitute the main body of Chinas civil law system. Peoples Court accepted civil infringement cases is an important type of infringement cases to the parties directly involved in civil rights, especially with regard to personal rights and interests associated with the absolute right to such disputes to the parties and their families can not harm measure. Fault liability principle is the fault of the perpetrator as a value judgment criterion to determine the perpetrator whether damages should bear the liability responsibility principle. Principle of fault liability in tort general responsibility principle, Tort Liability is based on the principle of the system, but also the judicial practice of handling infringement cases for the most common responsibility principle. In this paper, the principle of fault liability attributable to the basic theory of the start, through the analysis of the basic concepts of the historical development of the principle of fault liability review of introduction, review of tort law principles regarding fault Liability provisions, as well as judicial practice specific cases and issues assessment, in order for the principle of fault liability in judicial practice some understanding of the value. The first part of this article describes the main contents of judicial practice in cases of infringement cases and court cases referee results, and present cases to summarize the differences presented in this paper focuses on the problem, namely the principle of fault liability in judicial practice use. The second part of this paper, using the method of comparative analysis of the basic concepts of the principle of fault liability, the theoretical basis was introduced and made analysis, the principle of fault liability Tort Liability System is the foundation and core. The th