on Road Transportation Safety has established the rule of negligence counterbalance,but its too principled,and is short of specific and definite guidance over employing negligence counterbalance in judicial practice.

Whether the negligence counterbalance is applicable and how to apply it in infringement responsibility,especially in non-mistake infringement responsibility,are always very controversial among theories.

Theory and Practice of Contributory Negligence;

Legislation of civil liability in road traffic accidents must make definite the imputation principle,exemption grounds and contributory negligence.

The rule of contributory negligence means a system, which mitigates and exempts the debtor’s damages liability by law when the sufferer has fault to the occurrence of damages or the expansion of damages.

The civil liability legislation in road traffic accidents needs to be clear in attribution principle,disclaimer subject and fault offset.

fault offset, on the occurrence of damage or expanded, the victims also have been at fault, the court may, of its terms of reference, according to a certain standards to reduce or waive his or her liability to a fair and reasonable allocation of the damage to a system.

The fault offset is a system by which the court can mitigate or remove the liability of perpetrators in terms of some standards and share the damage fairly and reasonably, when the damage happen and expand with the victim also has the fault.

The first chapter will be the overview of comparative negligence.