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Analysis of the Article 32 of the Law of Torts

Author: ZhangShuJie
Tutor: JiangZhanJun
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Guardian The guardian Tort Liability Imputation Principles The main responsibility
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 96
Quote: 0
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Abstract


Without civil capacity or with limited capacity for civil conduct is different from ordinary people, because of its level of intelligence, physical and other factors, so China has been as a special group to deal with, and it caused by tort liability, civil law corresponding developed a guardian responsibility system, so that the damage to the victim's reasonable relief. Liability regime as the guardian of the special tort liability is initially provided in section 133 of the \\history of controversial issues. Tort Liability Act, 32 for the analysis object, guardian tort liability, the exposition of the inadequacies of the current legislation, through the study of comparative law, according to the relevant provisions of the scholars draft put forward several perfect recommendations. Text except the preface and epilogue, is divided into five parts. The introductory section describes the reasons and practical significance of the topic, and has been there for the system of academic controversy. The first part of the origin of the first 32, \The second part of detailed analysis the the guardian responsibility system under the provisions of Article 32, the part of the specific analysis of the guardian tort liability applies the principle of attribution, the constituent elements of the tort liability and accountability rules. The third section presents the author reviews for 32, and pointed out the shortcomings in the provisions of Article 32, for example, not to be guardians included in the scope of the subject of tort liability, and the Principles of Responsibility is not reasonable enough problems. The fourth part is a study of comparative law, for selected countries and regions in the relevant provisions of this chapter will study focused on the points raised in the third part, and related issues in the final must summarize in order below, the legislative proposals to provide a reference. The fifth part, the author of several recommendations of the main recommendations of the guardian of the responsibility system in academia several valuable draft scholars as a reference, the draft's authors include Professor Liang, Zhang Bao, Wang Liming, Ma Changhua etc. Several scholars have a certain influence. The conclusion of the full text was reviewed and summed up the author's point of view.

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CLC: > Political, legal > Legal > Chinese law > China and France
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