公平责任原则的适用探析

Probe and Analysis on the Application of Principle of Equitable Liability

公平责任原则是民事责任原则中的一项重要原则。要想很好地适用这项原则,必须对其确立的目的、适用范围以及适用中与过错责任原则和无过错责任原则的区别等方面进行深入的分析探讨,并注意该原则在具体适用中应该考虑的相关因素。

The principle of equitable liability is one of the important principles in that of civil liability. In order to apply suitably this principle, one must make a thorough at various aspects, such as the exact objectives, the scope of its application, and the distinction between principle of liability for a fault and that for no fault. In addition, pay attention to the relevant factors that should be considered when the principle is put into exact application.