论侵权责任法中过失相抵制度.pdfVIP

Abstract Negligence is a basic principle of damage compensation law, is to determine the liability rules of tort liability law. The main problem is: when the damage occurs, if the victim is also at fault for the occurrence or expansion of the damage, how to assign the responsibility between the offender and the victim. Our country about the contributory negligence rule first appeared in the peoples Republic of China Law article 131st, this article simply states the victim for causing the damage is also at fault, the civil liability of the infringer may be reduced. But how to operate, and did not specify. Peoples Republic of China in July 1, 2010 the formal implementation of the tort liability law (hereinafter referred to as the tort liability law ), mainly involving the law for the twenty-sixth, 60, 72, 73, 76, 78, construct the outline of contributory negligence system, the contributory negligence system has a better operation, but there is still no completely solve the problem. Although the contributory negligence system has appeared in Chinas tort liability law, but the provisions on negligence are still too simple, the legal system is not perfect enough, the actual operation is not strong, many problems, such as contributory negligence is not clear, there is no uniform standard for the specific application of contributory negligence system. In practice, the court in the face of such problems, the results of the referee may have a greater difference, such an operation is not conducive to the pursuit of fairness and justice! Based