Analysis of the Nature and Application of Article 24 of The Tort Law

Fair liability in Article 24 of The Tort Law should be one of the liability principles of tort law in China.Since social security system in China is not yet perfect,the fair principle,as an effort to diminish the damage,should be applicated in practice.Being an exception of general method,the fair liability should not be denied in imputation just because the size of its applicable scope and the nature of its regulating object.The uncertainty of the fair principle should be regulated: first,its applicable scope must be clearly defined;second,the subject of liability must be ascertained according to fair concept.