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Study On The Criterion Of Liability In Tort Law

Posted on:2004-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:L JiangFull Text:PDF
GTID:2156360095953266Subject:Law
Abstract/Summary:PDF Full Text Request
Criterion of liability plays a very important and fundamental role in tort law.The essay develops from practice to theory and then back from theory to practice,using the method of comparison,jurisprudence and sociology,analyzing and appraising the criterion of liability and it's system from various angles.First,by analyzing and discriminating,the writer concludes the specific meaning of criterion of liability.Second,the writer points the meaning of criterion of liability system.Then discusses two central questions:Can the equitable liability become an independent criterion of liability?Can the fault- presumption liability become an independent criterion of liability?Furthmore,the writer thinks the criterion of liability including fault liability and no-fault liability.Third,the essay studys criterion of liability in other foreign countries from the angles of comparative law.lt is worth noticing that the meaning of equitable liability in our country is different from other countries.Fouth, the essay analyses the influence of liability insurance upon the criterion of liabity in tort law.Liability insurance ensures and stabilizes the position of no-fault liability.Liability insurance has both positive and negative influence upon the applicable scope of no-fault liability.Finally,the writer concludes that criterion of liability system in our country should include both the fault liability and no-fault liability.With the case analysis,the writer again rejects to regard the equitable liability as the criterion of liability.
Keywords/Search Tags:tort law, criterion of liability, criterion of liability system
PDF Full Text Request
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