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

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.

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Publication Details

Journal
Lecture Notes in Education Psychology and Public Media
Published
2025-09-24
DOI
https://doi.org/10.54254/2753-7048/2025.br27202
Primary Topic
Educational Reforms and Innovations
Type
article
Field-Weighted Citation Impact
0.00
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article

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

Jiayi Chen
Lecture Notes in Education Psychology and Public Media
Educational Reforms and Innovations
article

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

Jiayi Chen
article en

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.

Lecture Notes in Education Psychology and Public MediaVol. 112(1)
Openalex Percentile: Top 66%
Educational Reforms and Innovations
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