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Research on the Development of Tort Law of the Civil Legal System after World War Ⅱ

Author: WuDi
Tutor: LiuHaiOu
School: Xiangtan University
Course: Legal History
Keywords: After World WarⅡ Tort law of the civil legal system fault liability strict liability Chinese Tort law
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


Civil law system of tort law is an ancient legal system, it’s originated from Roman law. in ancient Rome," Twelve Tables" and "Aquitaine Australia Law" reflects the basic idea of the legal system in the initial phase. With the development of European Enlightenment and natural law movement, civil tort law come into the modern period of tort law, and "fault liability" as its the core. In the late 19th and early 20th century, the great human history ushered the period of industrial revolution and modern science and technology rapid development, but it also faces a number of serious social problems. Especially after World WarⅡ, the extreme volatility, changing the unprecedented intensification of conflicts and various other issues, in this context, the civil law tort theory based on the development of half of the 20th century continue to shoulder the responsibility, to meet the new needs of the community changed dramatically. a series of main institution in tort law get further development. Not only the new system emerged in endlessly, but the original system also got new development, and other new systems coordinated the concept, enriching the tort law system, mainly in: socialization of fault liability, strict liability expansion, the development of a general safety duty of care, etc. these elements constitute the basis of modern tort law system.As the latest legislative achievements in The development of civil tort law so far,”The People’s Republic of Tort Law,”formally promulgated in December 26, 2009, reference heavily from the history of tort legislation and the formation of advanced case experience in the civil law and common law development and appropriate integrated the two legal concepts of tort law merits of the legislation. This law not only accurately grasps the development trend of civil law and tort law embodies innovation, has strong time significance. "People’s Republic of Tort Law" is the world’s first law written“tort law”in its name, and has significance ground-breaking meaning in the civil legislation of civil law countries, which means the birth of the development of civil tort law to a new historical stage.In this paper, historical analysis, comparative analysis, case analysis and other methods had been used, the author stand in the perspective of legal history, and appropriate combination of the basic theory of civil law, to interpretate the civil tort law macro-history from changes in tort law main system. And on this base to analysis, it summarized the development of civil tort law appearance of modern characterization and motivation behind the development, provide a history platform to research the future development of the civil tort law.

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