Discussion on the Equitable Liability Principle of Tort Law
Huang Jiang-yu
Abstract
Huang Jiang-yu
Abstract
The equitable liability principle should be the doctrine of liability fixation of our tort law.It takes fairness as the value standard to correct justice,which constitutes together a complete system of the doctrine of liability fixation of our tort law with the principle of fault liability,the principle of no-fault liability.This paper is divided into four major parts: Outline on the equitable liability principle,the introduction of the theory of the equitable liability principle、the reason of that it becomes the doctrine of liability fixation and the scope of application.17refs.
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The equitable liability principle should be the doctrine of liability fixation of our tort law.It takes fairness as the value standard to correct justice,which constitutes together a complete system of the doctrine of liability fixation of our tort law with the principle of fault liability,the principle of no-fault liability.This paper is divided into four major parts: Outline on the equitable liability principle,the introduction of the theory of the equitable liability principle、the reason of that it becomes the doctrine of liability fixation and the scope of application.17refs.
Key concepts: Strict liability, Tort, Liability, Doctrine, Delict, Joint and several liability, Law, Law and economics