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The perpetrators unknown Tort research

Author: KangLi
Tutor: LiuJingYi
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: perpetrators unknown in tort tort liabilities modified responsibilities
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 31
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Abstract

As a wizard of tort, the theory of joint torts and its relevant theories have developed on and on in the process of theory study and in the challenge of practice. In theory, a lot of scholars have done the research, but have not reached an agreement yet. Still, there are opposite arguments. In practice, our law does not explicitly provide that "offender unknown" concept, only stipulated the concept of joint infringement in joint torts, which led to widespread violations of unknown perpetrators. The most typical example is the case named "wounding ashtray", the result of which is not uniform. The ultimate goal of such cases is how to take on the responsibility, our laws, such as civil law and its relevant judicial interpretations, tort law; all have not been able to clearly define the specific responsibilities. Therefore, when the perpetrator is unknown, it is difficult for the various courts in judicial practice. So there will be the same case in different courts with different decision situation. Although in most cases the offender will be sentenced to the full potential of shared responsibility, this decision does not comply with the principles of any theory of imputation from the tort law perspective. This "different decision for the similar cases" phenomenon due to views between the judges, but due to more the theoretical disputes.Therefore, this author has been learning and thinking critically in-depth in theoretical aspect, and then make constructive comments to solve the problem in practice. On the protection of victims, non-infringement of the legitimate rights and interests are of great significance. The research ideas are as follows:Chapter one, from the practice, to define the perpetrators unknown in tort, pointed out that the law is not specific, resulting the embarrassment in law and negative decisions to both parties, demonstrating the necessity and urgency of the study; then, classify the unknown perpetrators in detail, also more clearly define the main argument of this article. Chapter two, from the provisions of current law’s lack of legal regulation, demonstrated the need to strengthen and improve the relevant legislation, at the same time the author analyze the principles of its rules. Chapter three, discuss the topic from the perspective of comparative law. Chapter four, discuss the U.S. case in a more detailed argument, this is of this great enlightenment to the final conclusion. Chapter five, make a better view to tort liability of unknown perpetrators, and to put forward new ideas, named modified responsibilities to solve this problem.

The perpetrators unknown Tort research

Abstract

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