On The Application Of The Liability Principle Of The Tort Law And The Perfection In Legislation

Along with development of commodity economy, particularly in intellectual economy times, the ancient tort law embodies increasingly the value of the modern civil law because of even more protection to the rights than confirmation to the rights.Starting from the liability principle in the tort law, the article systematically and deeply elaborates the application of the liability principle and perfection of legislation in the tort law on five parts:The first part: The introduction discuses the historic development of the tort law and the important position of the modern civil law, and liability principle is the core of tort law. As you know, the perfection of the ton law must have suitable liability principle and at the time collecting suitable legislation model is one of the important steps of the tort law.The second part: The brief liability principle expounds its own conception and the more development of liability principle embodies the change of tort law in function and even the variety in the system.The third part: Different liability principles discuss the historical development of liability principle and the use of the tort law in different countries. It expresses that the development ofliability principle tends to the dual-liability system or muti-liability system, which has been applied step by step.The fourth part: The use of liability principle and its related legislation perfection discuss the legislation through from the different suit part of liability principle and the stipulation of tort actions in Chinese tort law.The fifth part: the general clause choice of the Chinese tort law. According to countries'legislation models of the tort law and by analying merits and demerits of different legislation models, the development of the moderrrtort law tends to the general clause model. And it is suggested that China should apply this legislation model in order to establish the application of perfection of legislation in the tort law.To draw several conclusion from last discussion:(1) The liability principle in the tort law should apply the dual-liability system, namely consisting of the liability of fault and that of unfault. The liability system is quite reasonable and feasible. Particularly in the intellectual property law, a proper application of "the liability of unfault" should be taken into account.(2) A systematic and integrated system of the tort law need be established. In China, the system of the tort law scattered in kinds of civil laws and regulations could not have adapted the development of modern society and economy and must be replenish lots of new clauses, such as the right of pricacy, compensation of spiritual injury etc. Along with the progression of work of enacting civil code, it is essential to systematize the tort law of China.(3) It is more appropriate to enact the general clause of tort in civil code. By comparing and analyzing the civil code and common law of France, Germany and other countries with the continental legal system, the author articulated with explicit explanation the general clause of tort in the coming civil law of China.