What are the specific criteria for the division of tort liability
Lawyer's analysis:
tort liability Divided into three major categories category : Fault liability , no fault liability and fair liability. The claim of fault liability is that when any person causes infringement on other individuals or other people due to his own fault real right Must be responsible for the resulting damage compensate for 。 The view of no fault liability is based on strict compliance with the explicit provisions of the law. No matter whether the perpetrators are negligent or not, they need to pay the price of tort liability for their acts. As for the principle of fair liability, it is mainly that after the occurrence of the damage accident, each party has no fault and does not conform to the principle of no Principle of fault liability If no reasonable compensation is given to the victims, it will directly violate the principle of justice. Therefore, we must decide how to make all parties share the proportion of loss consequences according to the actual situation and people's concept of fairness.
Legal basis:
Article 1165 of the Civil Code Where an actor infringes upon the civil rights and interests of others due to his fault and causes damage, he shall bear the liability for tort.
If the actor is presumed to be at fault according to the law, and he cannot prove that he is not at fault, he shall bear the liability for tort.
Article 1166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that he shall bear liability for infringement, such provisions shall apply.
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