Interpretation to Fair Liability of The Tort Liability Act

The enactment of the Tort Liability Act did not stop the debate on fair liability, whose nature is not liability principle but the supplementary regulations for exceptional circumstances so as to make up for the shortage of the dual imputation system. By clarifying the nature of the fair liability, facing the abuse and misuse of fair liability in the judicial practice, this article shows that the conditions and order of application of the fair liability are the following four: firstly, don't apply no-fault liability; secondly, don’t apply fault liability; thirdly, the severity of the damage to the consequence is non-minor; fourthly, the perpetrator's economic situation or risk tolerance is higher than the victim.