2007Journal of Xi'an Eurasia UniversityRequires access

On the principle of fair liability

Mao Huang-feng

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Abstract

The principle of fair liability refers to that parties have no faults for the losses they cause,and they should share civil liabilities according to actual conditions. It is different from the principle of fair liability in the civil law,and it is also different from equity.The principle of fair liability should not be taken as an independent imputation principle or a kind of principles.The principle of fair liability is contrary to the fault principle and the no-fault principle.In the definition of the principle of fair liability,what should be shared is loss instead of liability.The principle of fair liability is harmful to safety of laws.Therefore,it is suggested that while the similar special clauses should be maintained,the loss to be shared should be regulated in form of judicial explanation so as to guarantee the fair principle of the civil law.

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The principle of fair liability refers to that parties have no faults for the losses they cause,and they should share civil liabilities according to actual conditions. It is different from the principle of fair liability in the civil law,and it is also different from equity.The principle of fair liability should not be taken as an independent imputation principle or a kind of principles.The principle of fair liability is contrary to the fault principle and the no-fault principle.In the definition of the principle of fair liability,what should be shared is loss instead of liability.The principle of fair liability is harmful to safety of laws.Therefore,it is suggested that while the similar special clauses should be maintained,the loss to be shared should be regulated in form of judicial explanation so as to guarantee the fair principle of the civil law.

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Available abstract

The principle of fair liability refers to that parties have no faults for the losses they cause,and they should share civil liabilities according to actual conditions. It is different from the principle of fair liability in the civil law,and it is also different from equity.The principle of fair liability should not be taken as an independent imputation principle or a kind of principles.The principle of fair liability is contrary to the fault principle and the no-fault principle.In the definition of the principle of fair liability,what should be shared is loss instead of liability.The principle of fair liability is harmful to safety of laws.Therefore,it is suggested that while the similar special clauses should be maintained,the loss to be shared should be regulated in form of judicial explanation so as to guarantee the fair principle of the civil law.

Key concepts: Liability, Strict liability, Legal liability, Equity (law), Law, Law and economics, Business, Economics

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