A Study On The Relation Of Coincidence Of Tort Liability And Criminal Responsibility

Tort law passed on December 26,2009 and come into force on July 1,2010. The Act provides that:"Where a tortfeasor shall assume administrative liability or criminal liability for the same conduct, it shall not prejudice the tort liability that the tortfeasor shall legally assume. Where the assets of a tortfeasor are not adequate for payments for the.tort liability and administrative liability or criminal liability for the same conduct, the tortfeasor shall first assume the tort liability."In the Tort Liability Act, according to the different circumstances of behavior and, consequences, tort behavior can be divided into general tort behavior arid serious tort bchavior. The general tort behavior only subject to tort liability, and serious behavior subject to tort liability and criminal respcnsibility. Just as a tort behavior, a person is subject to tort liability and criminal responsibility at the same time. It's inevitable that how to apply the criminal law and tort law.The concept of the relation of coincidence of tort liability and criminal responsibility means that the infringer violates the criminal law and tort law owning a same act. The infringer need to burden tort liability and criminal responsibility. Its features are:first, the infringer for only one offense; second, the infringer's acts not only violation of criminal law, but also a violation of tort law; Third, the infringer must also bear the criminal and tort liability. In judicial practice, competition between tort liability and criminal liability is common, whether in special tort or ordinary tort. Therefore, we need to pay attention to it.Whether particular of the object of violations or the field violations or not, Violations can be divided into general and special tort violations, general tort liability and special tort liability, they do not invelve violations of the circumstances, extent and consequences. Common violations are mainly directed at people's personal rights and property rights. The corresponding the chapter IV of the crimes of infringing upon citizens'right of the person and democratic rights in criminal law is civil law, such as Civil Law, Marriage Law and Tort Law and so on, but tort law is essentialTort law provides eight special violations. The most common or most typical violations that coincide with criminal responsibility are product liability,Liability for Motor Vehicle Traffic Accident,Liability for Medical Malpractice,Liability for Environmental Pollution Liability for Ultrahazardous Activity. It is obvious of the relation of coincidence of ordinary tort liability and criminal liability. It is hard to recognize the relation of coincidence of special tort liability and criminal liability, so we should do a careful analysis on it.The Chapter V provides product liability in tort liability act. Although it doesn't directly provide the criminal responsibility about medical malpractice, it is directly related to the consumer's Personal and property. The chapter VI of the crimes of obstructing the administration of public order section one in criminal law directly provides the crime of Manufacturing and Selling Shoddy Commodities, special the crime of producing and selling fake and poor products.The chapter VI provides liability for motor vehicle traffic accident in tort liability act. If a person commits a crime, because of the damage that happened in the motor vehicle traffic accidents, tort liability and criminal responsibility will coincidence. Special the crime of causing traffic Casualties, in the article 133 criminal provisionsThe chapter VII provides liability for medical malpractice in tort Liability act. Although it doesn't directly provide the criminal responsibility about medical malpractice, it is directly related to the chapter VI of the crimes of obstructing the administration of public order in criminal law. Therefore liability for medical malpractice also includes the coincidence of tort liability and criminal responsibility, Special crime of illegal medical practice and crime of medical accident.The chapter IX provides liability for uitrahazardous activity in tort liability act. Although it doesn't directly provide the criminal responsibility about medical malpractice, it is directly related to the chapterâ…¡crimes of endangering public security in criminal law. The relation of coincidence of ultrahazardous activity tort liability and criminal responsibility is prominent. Ultrahazardous activity involve in chapterâ…¡of the crimes of endangering public security, Special the crime of causing an accident with dangerous articles in the article 133 criminal provisions and the crime of grave accident in the article 134 criminal provisions.