The method of dealing with the situation where damage is due to neither the victim’s nor tortfeasor’s fault

Tortfeasor’s fault is a basic constitutive requirement for bearing tort liability. If a tortfeasor does not have fault to the incurrence of damage, except where the tortfeasor shall bear no-fault liability as provided by law, the tortfeasor generally does not bear liability. But in reality, although a person does not have fault, he did cause the damage, and if no-fault liability strictly applies, the victim has to bear the damage by himself, which is not fair and is not contributive to the establishment of harmonious interpersonal relationships. Therefore, according to the provisions of Tort Liability Law, if damage is due to neither the victim nor the tortfeasor’s fault, the damage may be borne by both parties according to the actual circumstances.