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China's Tort Liability Attributable To The Construction Of The Principle System

Posted on:2008-12-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:E S FangFull Text:PDF
GTID:1116360215484398Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
During China's fast reforming period:from planned economy to market economy,and from agricultural society to industry society,individual even government may encounter more risks. These risks, possibly transform into danger or disaster. If one of fundamental problems in industry society were the assignment of wealth as well as improvement of some persons' unfair condition, that, in risk society, the people must take the alleviation and the assignment of harms as one of fundamental problems, otherwise, the society possibly is in the unstable condition.Tort law is one of neccesary laws to answer the needs. The criteria of tortious liability do establish a standard for defendant having liability for damages or not ,if so, a compensation decided to the victim(s),and then preventing later violations.In order to achieve above the goal of China's tort law,the system of criteria of tortious liability in China should meet the demands of these values:1, the stressing the compensatory function; 2, promoting the security with the aid of the market deterrence; 3, paying a close attention to function of morals appraisal, but not pursuing sedulously.So The system of criterion of tortious liability in China should be fault principle,principle of presumptive fault, principle of strict liability and the principle of equitable liability,after examining of foreign jurisprendence and practice of tort law,and analyzing China's weak social security.The marked differences between the new system of criterion of tortious liability and the mainstream system: fault principle, principle of strict liability and the principle of equitable liability ,are1,principle of presumptive fault is emphasized as one of criteria of tortious liability in China;2, the principle of equitable liability is necessary to build a harmonious society as result of China's weak social security.Some mistakes of the principle of equitable liability are corrected by voluntary service and assumption of responsibility.
Keywords/Search Tags:system of criteria of tortious liability, fault principle, principle of presumptive fault, principle of strict liability, principle of equitable liability
PDF Full Text Request
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