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Comparison Study on Legislation System Due to Tort Law

Author: CaiZhongLiang
Tutor: LiuHuiRong
School: Ocean University of China
Course: International law
Keywords: Infringement General Terms and Conditions Typed Conflict Rules
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 396
Quote: 0
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Abstract


Tort is a wrongful act of infringement of the rights of others outside the breach or legal interests. Has the following characteristics: first, it is an act of the fact that without a civil behavior; Second, it is a non-specific obligations behavior infringes upon the rights or legal interests; Third, it is a wrongful act, law The permitted behavior does not belong to the infringement. The legislative system of tort law countries due to historical, cultural, and economic factors were taken different legislative system, in particular the main four types: broad type of France, Germany compromise, Britain and the United States - listing Netherlands, Ethiopia and other countries of the General Terms and Conditions typed mode. A comparative study of national law, I believe that China tort law adopt general terms plus typed mode. Of tort law legislation envisaged: a design on general provisions: civil rights or legitimate interests of natural persons, legal persons and other organizations unlawful infringement of others shall bear civil liability; anyone for which they are responsible not only for their actions and to deal with others against bear civil liability for acts or objects under its management. 2 violations typed: general violations because of its constituent elements, accountability share a common attribute, therefore, does not require further detailed enumeration. But in the the constituent elements Disclaimer grounds, responsibility and commitment on the one hand there is a particularity of the type of violations should be cited, in order to give a clear indication of the behavior and judge. Typed classification: harm behavior responsibility, the responsibility of another person and causes damage, the object causing damage liability, dangerous liability. 3, make provisions for damage relief: relief from nature can be divided into damage property damage, personal injury and moral damages. Property damage, including direct and indirect losses for the former principle should be fully compensated; For the latter, it should be reasonable compensation. Pure economic loss relief should be cited, and provides for the conditions and scope of its application. Make a clearly defined form of tort liability: vicarious liability and supplementary liability and responsibility form to make detailed provisions on joint and several liability. 5, the causal relationship between the constituent elements of the tort liability in the law to make clear provisions: a causal relationship between the harm behavior and the damage suffered by the victim, the offender bear civil liability conditions, causality refers to the damaging behavior and The relationship between the cause and is caused by damage. Identification of the causal relationship to consider the following factors: the de facto judgment cover probability regulatory purposes, intermediary factors, the proportion of causal relationship. 6, the perfection of the conflict rules: First, should establish the value orientation of China's infringement of conflicts of law, and secondly, China's current law, there are still needs to be trimmed Terms, and the third, a few suggestions: First, the introduction of the closest connection principle, a comprehensive reform and improve China's foreign tort law applies system, the second is the introduction of the principle of autonomy for China's foreign tort law applies system to inject new vitality and power.

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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