坏运气与民事责任

About a Civil Responsibility Bases on Hard Luck

理论上来说，一个人承担民事责任归责的根据只在于道德上存在可非难的过错。其他不可归因于个人道德上的过错而承担责任，这在道德上是缺乏足够说服力的。但是，由于运气的客观存在，民事责任范式不同于刑事责任的特点以及司法的局限性，决定了基于坏运气的民事责任必然成为一种独立的民事责任类型。但是，基于坏运气的民事责任，容易导致责任的规避、适用上的不公平以及人际关系的紧张等问题。因此，最公平的办法是将基于坏运气所导致的损失由社会来分摊，而现代保险制度的建立和完善，以及国家权力的介入就成为这一责任类型的必要补充。

Theoretically, a person who assumes the civil responsibility bases on a premise that he could be blamed morally. A person who assumes civil responsibility bases on other reasons instead of moral defects is unconvincing from a moral point of view. As the luck exists objectively, civil responsibility is different from criminal liability and the limited feature of judiciary,hard luck could become a basis of a civil responsibility and it is a special one among all the categories of civil responsibility. However, assuming civil responsibility bases on a hard luck could lead to some serious consequences. For example, the responsibility is easily avoided, unfair apply such civil responsibility and enhancing an intense relationship among crowds. Thus, a fair and justice way to solve this dilemma is to distribute the cost which was brought by hard luck by the whole society. Therefore, foundation and perfection of the modern insurance system and participation of the state power would be a necessary supplementary which subject to this special civil responsibility.