Principles of Liability in Tort Liability System
Meng Xu
Abstract
Meng Xu
Abstract
The principle of liability in tort liability law functions as the premise and standard in establishing the civil liability of a tort person and the guiding law-making principle in exemplifying other regulations in tort law system.The key issues concerned are the fundamental problems about ethics and justice.The pluralism liability principle presents itself with more reason and logic compared with other liability principles.The newly released Tort Liability Law adopted dualism in its liability principle,composed by only fault-liability and no-fault-liability.This paper argues that our tort liability law should adopt a liability system with fault-liability and no-fault-liability as base and principle,and fairness principle as its complement.
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The principle of liability in tort liability law functions as the premise and standard in establishing the civil liability of a tort person and the guiding law-making principle in exemplifying other regulations in tort law system.The key issues concerned are the fundamental problems about ethics and justice.The pluralism liability principle presents itself with more reason and logic compared with other liability principles.The newly released Tort Liability Law adopted dualism in its liability principle,composed by only fault-liability and no-fault-liability.This paper argues that our tort liability law should adopt a liability system with fault-liability and no-fault-liability as base and principle,and fairness principle as its complement.
Key concepts: Strict liability, Tort, Delict, Legal liability, Liability, Liability insurance, Joint and several liability, Law