The Comparative Study Of Liability For The Object Damage

Object damage liability has existed since ancient time, from General Law to Hammurabi Codex, from Ethiopian Civil Code to Chinese Tort Liability Act, from damage caused by trees, buildings to damage caused by throwing objects, object damage liability system contains a more extensive range, more abundant types and more controversial issues. Although the two legal systems have reached a certain degree of consensus on the basic problems of object damage such as the composition, there are still differences in the responsibility principle, the burden of proof, judicial philosophy and other issues. Domestic laws are overwhelmed in dealing with the endless object damage cases. This article aims to propose future reconstruction of object damage system by comparative study, especially on the difference analysis of two legal systems.This article is divided into six chapters. Chapter1is about the essence of object damage liability, to define concepts and characteristics of the object damage liability, to clarify the national legislative system, to describe the objects adjusted and interests range, and the most important to study the general features of the system and the special features in every country. Chapter2is about the composition of the object damage liability system, object damage liability is studied on the comparative law from the perspective of subject, tort claim, composition elements, liability principle and the burden of proof. Chapter3is the morphology theory of the object damage liability. Regarding the object damage liability of Chinese Tort Liability Act as a clue, almost all object damage types are analyzed systematically. In chapter4, the author studies the relief of the object damage liability, including diversified relief system, a variety of liability forms and reasons for exemption from liabilities. Chapter5is about the correlation theory of the object damage liability and related theories, including the relationship between the object damage liability and security obligations, other legal liabilities and other special tort liabilities. Chapter6is about how to establish the the object damage liability system. On the one hand, the integration of the object damage liability system in the future development based on traditional theoretical differences of the two leagal systems is proposed, on the other hand, some recommendations are proposed by author, such as the type extension, rich of fault criteria and the establishment of welfare state on the basis of summing up the legislative defects and the plight reality of the object damage system.