The Development Of Contemporary Jurisprudence Of Tort Law

The main object of this article is to study the development of contemporary jurisprudence of tort Law(1978-2007)in the view of the theory of juristic dogmatics. The text consists of two parts:one part is the first chapter, the object of which is to summarize the Development of Contemporary Jurisprudence of Tort Law(1978-2007)in the view of the theory of juristic dogmatics;the other part is formed by the 2nd-5th chapters,in which four kinds of phenomenon will be discussed,that are discourse of legal dissemination,lingual argument,stress on value judgment and juristic transplant.The main content of the first chapter is to summarize the development of contemporary jurisprudence of tort law(1978-2007)in the view of the theory of juristic dogmatics. That development has been divided into three phases:in the first phase(1978-1986),one system of tort law was being prepared through scholars'effort and textbooks were important academic productions;in the second phase(1987-1999),the original system was enriched by the scholars who tried to solve the practical problems coming forth;in the third phase(2000-2007),the scholars attempted to update the system of tort law so that many basic themes of tort law had been restudied such as the general clause of tort,the relation between der dinglich Anspruch and claim base on tort law,the relation between wrongfulness and negligence,etc. How to design the basic frame of tort law in the future civil code became a considerable and important problem.In the second chapter,through case study of gratuitous server's right to personal injury damage,the essay makes a deep examination of characteristic of discourse of legal dissemination in law research. Without foreign information for reference, it is difficult for scholars to lucubrate on those issues with no hotspot. And research in such field often leads to rigescent discourse of law dissemination. Such discourse actually could not provide useful information for legal reform.The main content of the third chapter is to study the embodiment and cause of"lingual argument"based on the research on the case of the argument over liability that someone should be charged for the sake of equity. If there is little foreign information for reference and the scholars seldom summarize the experience embodied in juridical practice,then their argument is often only a lingual one. Those arguments can do little to be useful to juridical practice and jurisprudence.In the fourth chapter,the major concern is the relation between systematical thought and value judgment in law research,the selected case for observation is the argument over joint tort. If legal study put stress on the question of what is a good value judgment and systematical thought is missing,then it is difficult to have a consensus of juristic dogmatics that is important for legal study to be useful to the development of juristic practice.The main content of the fifth chapter is to study the characteristic and function of juristic transplant in the contemporary jurisprudence of tort law. The selected case is the history of the theory of legal interest. The characteristic of elasticity of juristic transplant may perform a function that makes scholars capable of involving the value judgment of legislator or juristic practice into their analytic frame based on juristic transplant.In the epilogue , it will be pointed out that the development of Contemporary Jurisprudence of Tort Law(1978-2007)is still in its primary stage. After a comparative study with American intellectual history of tort law,the author hopes that we may put more attention to sum up and induce the experience of practitioner,not only to teach them.