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Analysis of Tort Liability on the Ground Construction-starting from the General Duty of Care Study

Author: WangShouRen
Tutor: JiaDengXun
School: Lanzhou University
Course: Legal
Keywords: Ground construction tort liability General duty of care Allocation of responsibilities
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 43
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Abstract

Civil Law Article 125, the relevant provisions of the damage caused by the infringement of the ground construction, but the provisions of the distinction between the fault and responsibility of the tort is not specific and clear provisions, the provision simply provides Ground Construction The human damage Impunity Reasons for construction without setting up clear signs and safety measures. But with the in-depth development of China's market economic construction, in the face of a degree of social mobility, enhanced public facilities, vehicles and other violations continue to occur, making the Civil Law General Principles Article 125 overbroad provisions suffered serious impact, a lot of inconvenience to the judicial practice. Construction people on the ground in the real life of the community, which is setting up clear signs and taking security measures, but still the damage caused by the passers fault in the end how to distinguish between who and responsibilities, legal responsibilities were not clear. Theoretical study of this paper, how should the general duty of care for the floor construction and ordinary pedestrians, as well as the degree of fault caused by a violation of the general duty of care definition, learn from the tort theory, the general duty of care, from the preliminary study on the micro-level, expand refinement, the construction side of the ground and the responsibility of ordinary pedestrian, a clear commitment to tort liability, an entirely new mode of thinking, starting from the specific case, the initial Exploration elaborate analysis of the major legal issues of the case involved , hoping to be helpful for correctly handling such cases. In addition to the introduction and conclusion, is divided into four parts: First, a brief introduction in the introduction to the characteristics and proper handling of such disputes the significance of the disputes caused by the construction activities on the ground as well as other social and dangerous behavior. Part I: a brief introduction to the basic facts of the case and the focus of controversy, Lanzhou three-peking ground construction infringement summarized the key problems to seek court review of the case when the dispute. Part II: in civil law theory analysis, qualitative Lanzhou three-peking ground construction behavior of the legal nature of the construction of people's behavior aroused the potentially hazardous nature of the civil behavior, and qualitative construction general duty of care is highly The duty of care. Qualitatively accurate, correct solution Lanzhou three-peking ground construction infringement premise. Part III: from the tortious conduct of the historical evolution of the theory and the general theory of the duty of care, the existing legal provisions and social value, the analysis of the ground construction constitutes civil infringement. Part IV: focuses on the victim and the tortfeasor the specific responsibilities distinction and strict tort processing trends. Finally, the judgment of the the three-peking ground construction in Lanzhou infringement will evaluate analysis, and legal issues of the case put forward personal views.

Analysis of Tort Liability on the Ground Construction-starting from the General Duty of Care Study

Abstract

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