A Study On Many Issues Concerning The Imputation Principle Of Tort Law

The tort liability is a liability for damages that should be undertaken by the injurer for the tort. The imputation principle of tort liability as a basic principle run through the tort law is a foundation and standard of confirming the tort liability and plays a dominant role in the tort liability as the legislative guidelines. However, the single imputation principle can't meet the need of increasingly complicated questions of the tort liability, therefore it necessarily results in the pluralism of the liability which is an inevitable development direction to the tort law. On the basis of the imputation principle of tort liability, this thesis mainly discusses the imputation principle of tort liability and relevant theories. The thesis can be divided into three parts, the basic contents go as follows:Chapter one is mainly about the general theory of the tort liability and the imputation principle. Firstly, it defines the concept and legal nature of the tort liability. The tort liability is a liability for damages that the victim makes a claim for damages on the injurer on the basis of the facts of damage. The basic conception to the imputation principle is a legal basis of judging on whether or not the injurer bears legal responsibility in legal value after the occurrence of the facts of damages. Secondly, it defines the imputation principles: the liability for fault, is a principle that under the circumstances of the fault the injurer should bear legal responsibility for damages to property or personal right of others. The liability without fault, is a principle that the injurer should bear legal responsibility based on the causality between the behavior and harmful consequences irrespective of the fault. It is relative in name and not opposite in nature between the liability for fault and the liability without fault. However, the imputation principle of fairness is only representative to the liability without fault and the presumptive tort doctrine is a special form of the liability for fault. Thirdly, it introduces the differences in the imputation principles between tort liability and other civil liabilities. The differences in the imputation principle between tort liability and liability for breach of contract exist in that the imputation principle of liability for breach of contract is the liability for fault while the imputation principle of tort liability is composed of the liability for fault and the imputation principle of fairness. The differences in the imputation principle between tort liability and unjust enrichment exist in that the imputation principle of unjust enrichment is the liability for fault. The differences in the imputation principle between tort liability and negotiorum gestio exist in that the rights to compensation and payment for charges of negeotiorum gestor apply the principle of fairness, public order and good habits. The principal has right to claim damages based on the property losses according to the imputation principle of tort liability. Lastly, it expatiates on the theoretical foundation and application of the imputation principle of special tort liability. The imputation principle in the civil suit collateral to criminal proceedings is the liability for fault. The imputation principle in which the administrative bodies are idle to perform the obligations is the imputation principles of tort liability. Chapter two introduces the history of the imputation principle of tort law. Firstly, it expatiates on the differences in methods for liability between the continental genealogy of law and the Anglo-American genealogy of law. The history of tort law in the continental genealogy of law can be divided into five stages according to the general method for tort. The tort law of the Anglo-American genealogy of law is the case law and divided into several types in theory. Secondly, it looks back the history of the development of tort law in China: the three stages of ancient tort law, the modern tort law namely Draft Civil Code of the Great Qing Dynasty, Draft Civil Code du...