Fault responsibility system, what is the principle of fault liability

The subjective fault of the actor is the subjective element of responsibility, that is, the actor is subjectively at fault, he is liable, and the actor is not liable if he is not at fault!

Principle of fault liability.

1) Meaning: It refers to the principle of imputation that the subjective fault of the parties is a necessary element to constitute a tort. Fault is a subjective state of mind in which the perpetrator decides on his or her actions, either intentionally or negligently.

2) The significance of the application of fault liability:

In general torts, as long as the actor has fulfilled the duty of reasonable care, he will not be liable for compensation even if damage occurs.

Under fault liability, the principle of "whoever asserts the claim shall bear the burden of proof" is implemented for general tort liability.

When the principle of fault liability is applied, the fault of the third party or the victim has a significant impact on the assumption of liability.

a) Where a third party is also at fault for the damage, joint fault is constituted; At this time, the civil liability shall be apportioned according to the magnitude of the fault, and joint and several liability shall be borne.

b) If the victim is at fault, it constitutes mixed fault, and the civil liability of the perpetrator may be reduced in accordance with the law.

The principle of no-fault liability.

1) Meaning: refers to the principle of attribution of responsibility that a party who has committed an act of inflicting harm should still be liable in accordance with the law (paragraph 3 of Article 106 of Mintong) even if he is not subjectively at fault.

2) Applicable circumstances (Mintong regulations):

Engaging in highly hazardous activities that cause damage to a person.

Acts that pollute the environment and cause damage to people.

The act of raising animals that cause damage to people.

The act of causing damage to a person due to the failure of a non-conforming product.

3) Applicable Precautions.

The application of the no-fault principle must be expressly provided for by law.

Applying the principle of no fault, the victim does not need to prove the fault of the perpetrator, and the perpetrator cannot be exempted from liability by proving that he is not at fault, but the plaintiff should prove the fact of the damage and the causal relationship.

China implements the principle of conditional and relative no-fault liability, and when there are statutory reasons for exemption, the relevant parties may be exempted from civil liability in whole or in part. (For example, if the natural disaster of force majeure cannot be avoided by taking reasonable measures in a timely manner and still cannot avoid causing environmental pollution, it shall be exempted from responsibility).

The difference lies in the different concepts, the different conditions for application, and the different legal consequences.

Legal analysis: 1. It takes the fault of the actor as the constitutive element of closed liability, and the actor may bear tort liability only if he is intentional or negligent. 2. It uses the degree of fault of the perpetrator as the basis for determining the form and scope of responsibility.

In the principle of fault responsibility, not only the fault of the perpetrator should be considered, but also the fault of the victim or the fault of a third party will often be considered.

Legal basis: Article 682 of the Civil Code of the People's Republic of China A guarantee contract is a subordinate contract to the principal creditor's rights and debts. Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

Legal analysis: It is also called the principle of negligence liability, which is a criterion for determining liability based on the subjective fault of the actor as the basic condition for bearing civil Sun Gaoshi's liability. According to the principle of fault liability, the actor bears the responsibility for the people's thoughts only when he is at fault.

If there is no fault, there is no civil liability.

Legal basis: Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

The principle of fault liability is also called the principle of fault liability, which is a quasi-imitation principle for determining liability based on the subjective fault of the actor as the basic condition for bearing civil liability. According to the principle of fault liability, the actor bears civil liability only if he is at fault. If there is no fault, there is no civil liability.

According to the relevant laws and regulations of our country, citizens and legal persons who infringe upon the state, the collective, or the property or person of others due to their faults shall bear civil liability. It can be seen that in the absence of special provisions in the law, the principle of fault liability applies.

1. What does fault liability mean?

1. "Fault liability" is also known as "negligence liability". The symmetry of "no-fault liability". General principles of the civil liability regime.

The perpetrator only bears civil liability for the illegal act of non-performance of his obligations that he is subjectively at fault; If there is no subjective fault, even if the act has caused damage to others and is illegal, it will not bear civil liability.

2. Legal basis: Article 1165 of the Civil Code of the People's Republic of China.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the perpetrator is at fault for destroying the liquid in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1169.

Those who instigate or assist others in committing tortious acts shall bear joint and several liability with the perpetrators.

Those who instigate or assist persons who lack or have limited capacity for civil conduct to commit tortious acts shall bear tort liability; Where the guardian of a person with no or limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding responsibility.

2. What is the principle of fault liability?

1. It takes the fault of the actor as the constitutive element of liability, and the actor may bear tort liability only if he is intentional or negligent;

2. It takes the degree of fault of the actor as the basis for determining the form and scope of responsibility. In the principle of fault liability, not only the fault of the perpetrator should be considered, but also the fault of the victim or the fault of a third party will often be considered. If the victim or a third party is also at fault for the occurrence of the damage, the loss is apportioned according to the degree of fault, so that the liability of the perpetrator may be reduced or even set.

Fault liability refers to the responsibility that when the actor violates a civil obligation and causes damage to others, fault should be used as the element of liability and the basis for determining the scope of liability. It can be seen that according to the principle of fault liability, if the actor is not at fault, if the act of causing harm is caused by force majeure, the actor is not responsible even if the damage occurs. In addition, when determining the scope of responsibility, it should be determined whether the victim is at fault, and the fact that the victim is at fault may lead to the reduction and exemption of the perpetrator's responsibility.

Tort liability is based on the principle of fault liability, with no-fault liability as an exception.

No-fault liability refers to the principle of imputation of liability that does not take the subjective fault of the parties as a necessary element of tort in accordance with the law, that is, regardless of whether the parties are subjectively at fault or not, they should bear civil liability. No-fault liability has the following characteristics: (1) it is premised on the existence of a causal relationship between the fact of damage and the act of the person responsible, and if there is no causal relationship, no-fault liability cannot be borne; (2) It does not take the subjective fault of the actor as the element of imputation, but if the fault is the constitutive element of imputation, it becomes the principle of fault liability; (3) The purpose of no-fault liability is to reasonably compensate the victim's losses, which is also the reason why many countries have established the principle of no-fault liability to protect the rights and interests of victims; (4) The defendant shall present evidence on the cause of exemption, and the burden of proof shall be reversed, which is different from the principle of proof of "who asserts, who shall provide evidence" in fault liability.

In the application of no-fault liability, the plaintiff only needs to cite the fact of damage and the causal relationship between the fact of damage and the defendant's act, and then the defendant can prove the existence of statutory exemptions, and the defendant cannot be exempted from liability simply by proving that he has fulfilled his duty of care or that there is no ordinary negligence. (5) When applying no-fault liability, there must be special provisions of the law, that is, the principle of no-fault liability can only be applied to special torts expressly provided for by law. Article 1166 of the Civil Code: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that the law shall bear tort liability, follow those provisions.

Fault liability is also known as"Liability for negligence"."No Fault Liability"symmetry. General principles of the civil liability regime.

The perpetrator only bears civil liability for the illegal act of non-performance of his obligations that he is subjectively at fault; If there is no subjective fault, even if the act has caused damage to others and is illegal, it will not bear civil liability. In the early civil law, it was commonly practiced"Responsibility for results"The principle that as long as there is an objective fact that causes damage to a person, civil liability must be borne. With the change in social attitudes, people have realized that it is only fair and reasonable to sanction those who subjectively have a bad sense of the harmful consequences of their actions or do not pay attention to them.

Therefore, whether the actor has subjective malice or negligence is the subjective constitutive element of whether the actor should bear the civil liability for the banquet. The principle of fault liability originated in Roman law and later developed into one of the basic principles of modern civil law. The subjective fault of the perpetrator includes both intentional or negligent situations.

The perpetrator's state of mind in which he foresees the unlawful harmful consequences of his or her conduct, but still wishes or allows it to occur, is intentional; The perpetrator's state of mind in which the consequences of his or her actions should have been foreseen but did not foresee them, or that they were foreseen but confident that they could have avoided them, is negligence. Whether the perpetrator should have foreseen the determination should be made at the level of ordinary people's general understanding, in consideration of the specific circumstances of the actor himself and the specific circumstances in which the conduct occurred. In civil liability, regardless of whether the actor is subjectively responsible for the consequences of his or her actions, he or she is generally responsible for the consequences of his actions; However, when several persons cause harm due to joint fault, or where both the perpetrator and the victim are at fault, the difference in the degree of fault is the basis for apportioning the civil liability.