Study On The Constitutive Elements Of Unlawfulness In Tort Liability

For the civil law scholars from different states, it's always been their hot researching and discussing issue that whether or not the Unlawfulness independently forms the constitutive elements of tort liability . Taking the above as breakthroug point, this paper states the focus issue in six parts with abundant examples.Part I States the reasons why Unlawfulness forms the discussing fucus of tort liability law without preamble, indicates the issue which will be discussed in this paper.Part II Briefly states the concept,the quality, the origin and the vicissitude of Unlawfulness, uncovers its mysterious veil.Part III Selects the typical countries of Anglo-American Law System and Continental Law System, surveies the legislative state of Unlawfulness in its legal system by using the comparsion method.Part IV Analyzes the concerned theories of Unlawfulness from the doctrinal angles, discusses the yardstick and the essence of fault, finaly, analyzes the relationship between the Unlawfulness and fault.Part V Researches the Chinese charactristic of the controversy of Unlawfulness. Deeply considers the arguments of domestic Three-essential theory and Four-essential theory, and conments the Unlawfulness issue in the China Tort Liability Law.Part VI Concludes the ideas in the paper, reachs the final results with the development tendency of modern tort liability law.