侵权过错程度分析.pdfVIP

Abstract Since the beginning of Roman law, the degree of fault is the meaning of fault liability. In modern times, the Principles of Responsibility in Tort Law and the diversification of the core functions of the Turn of tort law, fault, objective and the principle of full compensation for the establishment of the degree of fault in tort completely ignored the role of the field. Traditional civil law that the rights of tort law to target relief to the principle of full compensation, the degree of fault and the theory of its victims to consider the fault of the infringer to establish the extent of tort liability and responsibility of the establishment of easily lead to an unfavorable situation for the victim relief Therefore, the degree of fault in tort law has little value, and the degree of fault itself is a highly subjective concept, and its criteria with the fault of the objective trend is also contradictory, since the fault of modern tort law objective of the inevitable, then also no need to go into the perpetrator and the victims degree of fault. However, we look at a unified European Tort Law reports and research related topics, search the second American tort law, the Third Restatement, combined with our latest Tort Liability Act, point of view, modern tort law since the country filled in to the detriment of the core function also needs to consider the fault gradually established a degree of contributory negligence, the victims fault, punitive damages and moral damages compensation system. Freedom and Protection is a tort never need to face value of the two conflicts, arising from the beginning of tort law need to find this balance of interests between