摘要
Abstract
Fair liability is widely used in the judicial practice because of being able to realize the justice and efficiency. However,in recent years,increasingly obvious shortcomings appeared in the application of this principle,so more and more arguments were caused with it. Through the comparison between the negative theo-ry and positive theory popularized in the academic world,it was concluded that the principle of equitable re-sponsibility couldnˊt coexist as a general principle with the principle of faults and the principle of no fault relia-bility,which could be contained by the principle of no faults. Meanwhile,the principle of fair reliability should have certain applicable scope,clear applicable order,and should exist as one supplementary liability principle. In the study of fair liability principle perfection,how to establish appropriate social security system was no easy task,needing to pay much attention to the change of social practice,and also requiring judicial practitioners to care about legal sense and emotional sense.关键词
公平责任原则/过错责任原则/无过错责任原则Key words
principle of equitable liability/principle of liability with fault/principle of liability without fault分类
社会科学
