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General terms of substantive justice Perspective of Tort Liability Act

Author: ZhuXin
Tutor: YangLiZhen
School: Northwestern University
Course: Law
Keywords: Substantive justice Tort Liability Act General Terms and Conditions
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 120
Quote: 0
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Abstract


The general terms and conditions of the Tort Liability Act is the core provisions of the Tort Liability Act , each national legal theory have set up mode and the actual operation on the corresponding research . Tort Law in the People's Republic of China in 2009 formally introduced, including the establishment of the general terms of the unique Chinese Tort Liability Act , has great significance for China Tort Liability Law . Furthermore , the theory of justice has always been the focus of legal theory one of substantive justice can be described as the ultimate pursuit of the law . This article is in the context of this theory and the practice of double perspective as the starting point by the substantive justice , responsibility principle, the constituent elements of China 's Tort Liability Act, the establishment of the General Terms and Conditions mode , each of the function as well as the scope of analysis of substantive justice general terms to give an objective evaluation of China 's tort Liability Act . Fully affirmed and application profiling on both sides of the strengths and weaknesses of the general terms of China 's Tort Liability Act , explicitly protect the rights of the scope and type of clear division of infringement , but also improve the general terms and conditions of China 's Tort Liability Act recommendations , aimed at from the perspective of the pursuit of legal justice , exploring the new meaning of the general terms of China 's tort Liability Act .

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