The Justice Basis for the Intentional or Gross Negligence of the Perpetrator to Bear Responsibility——A Study on the Inappropriate Norms of Intentional or Gross Negligence Liability of Actors in the Civil Code
The Civil Code stipulates that there are some normative failures in the liability for intentional or gross negligence of the perpetrator,which are manifested in the misjudgment of the trustee's responsibility for managing the missing person's property,the improper rules of the inheritance administrator's violation of management responsibilities,the improper norms of the compensation responsibility for spiritual damage to specific objects with personal significance,the improper norms of the employer's exercise of the right of recovery against the staff,and the improper norms of the party providing labor services in exercising the right of recovery.The theoretical root of this is the violation of the concept of corrective justice that repairs civil rights and obligations through civil liability,resulting in improper allocation of rights and obligations,imbalance in adjusting the interests of the parties,deviation of legislative stance,and imbalance of logical relationships.The method of correction is that legislation should be amended or legal interpretations should be made based on the requirements of corrective justice,and the equitable function of the principle of good faith should be appropriately adjusted in judicial application.
intentional or grossly negligent liabilitynormative inappropriatenessnormative inadequacycorrective justiceprinciple of good faith
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