Abstract: The rules of contributory fault and multi-tortfeasors liability share something in common; that is, the proportion ofassigning damages between parties is deternined by the comparison of fault and causative potency. They are different fromthe system of Composition of Tort Liability in structure. Corrective justice cannot explain apportionment of tort liability,but distributive justice can explain it in three levels. We should take distributive justice as uniform justification founda-tion, establish “Apportionment of Tort Liability” Chapter in Tort IIability Law, conform the contributory fault rule andthe multi-tortfeasors liability rule into a uniform apportionment of tort liability system, make it coexist with the tort lia-bility composition system, perfect the Chinese tort law institution.
Key words:
Apportionment of Tort Liability,
Advanced IIability,
Contributory Fault,
Multi-tortfeasors Liability ,
Distributive Justice
王竹. 侵权责任分担论[J]. 法学家, 2009(5): 149-160.
WANG Zhu. Research on Apportionment of Tort Liability[J]. , 2009(5): 149-160.