Dissertation > Excellent graduate degree dissertation topics show

On the development of foreign tort law applies

Author: HanChong
Tutor: XuanZengYi；QiXiangQuan
School: China University of Political Science
Course: International Law
Keywords: History Rome Ordinance II China
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 307
Quote: 1
Read: Download Dissertation

Abstract

Tort law applies from the law of the difference between said \continuous self-improvement and updating, forming a unique theoretical system. The historical development of tort law applies generally can be divided into three parts: traditional tort law applies, the latest developments of recent tort law applies and tort law applies these three stages, system analysis can help us to tease out the development of tort law applies context. In the traditional stage, tort law applies basically showing machinery, rigid and stable characteristics, established many of the rules down during this period, such as the infringement law is still infringing occupy an important position in the conflict of laws. Then, along with the rapid economic development, traditional tort rules has been unable to meet the demands of the times, revolution ready to come out of the conflict of laws, and vigorously carried out in the United States. This stage is the emergence of a large number of new theory and judicial practice. American scholar of private international law of human figure through theoretical innovation, to achieve the purpose of changing the traditional rules of defects. The revolution, however, seem too radical, exposing a series of deficiencies. Therefore, European scholars began lessons learned own prudent, positive changes. This period has passed a series of laws, such as private international law in Switzerland and other countries, to respond well to the exploration of the theoretical circles, and promote the development of the law of tort law applies. In the third chapter, the paper focuses on the latest developments in tort law applies - Rome Ordinance Ⅱ \The adoption and implementation of the Rome Statute Ⅱ \It is rooted in the solid tradition of private international law in Europe, on the basis of absorbing the world advanced experience, innovation, break through the stereotype of the traditional theory but yet gentle. Based on the above considerations, the development perspective study foreign tort law applicable to the Rome Statute II. In the fourth chapter, tort law applies the latest results: \This is China's first systematic legal provisions applicable rules of foreign law, tort law applicable provisions of the pen there is no lack of bold and exciting research it can help us to better understand the development of tort law applies. In fact, China's innovation in the field of private international law, not only improve the country's legal system, also issued their own voice in the world, help us to establish the right to speak in the field of private international law.

On the development of foreign tort law applies

Abstract

Related Dissertations