| Equitable liability has been developed through Article 132 of the General Rule of Civil Law, Article 24 of the Tort Liability Law, and Article 1186 of the Civil Code, and changed from general adjudication rules to transitive norms to limit the application of equitable liability. Meanwhile, the judicial application of equitable liability has changed from "abuse" at the beginning to "restraint" nowadays, in order to ensure the public′s freedom of action and to practice the concept of justice embodied in equitable liability. However, equitable liability still has its independent value and application space. Taking the changes of equitable liability, the conditions of application, and the status of the application as the perspective, this paper clarifies the position of judicial application of equitable liability. In the context of the implementation of the Civil Code, the types of application of equitable liability are statutory, and the court can decide cases according to the principle of equity, explore new types of application of equitable liability, as well as provide strong practical support for the Supreme People′s Court to formulate relevant judicial interpretation in time. |