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The Practical Dilemma and Path Optimization of Judicial Application of Fairness and Responsibility

Year: 2025

Type: article

Abstract: Article 1186 of the Civil Code imposes comprehensive limitations on the scope of application of fairness liability, replacing "may be determined based on actual circumstances" with "shall be prescribed by law." However, judicial practice still occasionally breaches this principle in applying fairness liability. Common manifestations include conflicts in legal basis for application, failure to implement reversed burden of proof, and insufficient reasoning in judicial decisions. To address these issues, it is essential to optimize the logic of the imputation system, strengthen procedural safeguards and risk-sharing mechanisms, and establish transparent, predictable adjudicative rules. This will ensure citizens perceive fairness and justice in every judicial decision.

Source: Lecture Notes in Education Psychology and Public Media

DOI: 10.54254/2753-7048/2025.br27202

Author: Jiayi Chen

Institution: China Agricultural University

Language: English

Topic: Legal principles and applications

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

OpenAlex ID: W4414452140

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