英文摘要 |
Article 1186 of Civil Code made a radical amendment to Article 24 of Tort Liability Law, changing 'according to actual conditions' to 'in accordance with the provisions of law', thus completely changing the application mechanism of the fair loss sharing. The purpose of this amendment is to further clarify the scope of application of the rule of fair loss sharing, unify the standard of judgment, and avoid the disadvantages of excessive discretion of judges. For this reason, in judicial application, the literal meaning of ' the provisions of law ' must be interpreted in a constrained manner in line with the legislative purpose, that is, it only refers to the specific provisions or special provisions of the Civil Code or other laws on fair loss sharing, and does not include legal principle, in particular, should not include the ambiguous 'fair principle'. Tort law has its own principles and logic, and it is not a 'magic bullet' to solve the problem of victim relief. The fundamental way to properly solve the problems of victim protection and loss sharing lies in the establishment and improvement of a diversified system of victim relief. |