The Evolution of Tort Act Imputation Principle
Lou Zheng-qian
Abstract
Lou Zheng-qian
Abstract
The development history of the laws for the tort act is somewhat the evolution history of imputation principle.In the early society,result liability principle was applied in order to maintain order.As moral principle was advocated,fault liability principle was adopted in the civil law for torts.Fault liability and no-fault liability have to be combined with each other as a result of rapid development of industry and technology.Nowadays,due to the decline in people′s moral accomplishment and the pursuit of economic interests,the system of negligence offset must be considered that the inflictor and his victim should shoulder their respective responsibilities according to the degree of fault,the cause of damage and so on.As to the serial legal cases of compensation of personal injury of electric shock,power supply enterprises should bear no-fault liability first,on the basis of which the victim should be commensurately liable according to the degree of fault in the course of personal injury.
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The development history of the laws for the tort act is somewhat the evolution history of imputation principle.In the early society,result liability principle was applied in order to maintain order.As moral principle was advocated,fault liability principle was adopted in the civil law for torts.Fault liability and no-fault liability have to be combined with each other as a result of rapid development of industry and technology.Nowadays,due to the decline in people′s moral accomplishment and the pursuit of economic interests,the system of negligence offset must be considered that the inflictor and his victim should shoulder their respective responsibilities according to the degree of fault,the cause of damage and so on.As to the serial legal cases of compensation of personal injury of electric shock,power supply enterprises should bear no-fault liability first,on the basis of which the victim should be commensurately liable according to the degree of fault in the course of personal injury.
Key concepts: Tort, Strict liability, Liability, Personal injury, Legal liability, Law, Delict, Business