The Consent Of The Victims In The Tort Liability Law

The 12th session of the Standing Committee of the eleventh National People's Congress of the People's Republic of China on December 26th 2009 has passed the Tort Liability Law,but we also can not see "victims" as one of the reasons of the terms of defence. As an important law principle, "victims" has already been agreed by many countries' civil code in the world. Actually, in theory, the victim is agreed to be as one of the reasons of defence. And although we study the tort law theory later than other countries, not to say the "victims", "victims" were mentioned earlier in the draft of "China's Civil Code.Tort Law", written by professor Wang liming.But nowadays "victims" can not to be one of the terms of the law, it is a pity. Even so, in practice, the victim has been applied to be one of the reasons of the defence. Thus, the theory, together with legislation, and the practice have produced disconnection. To further understand the victim, in this paper, starting with the meaning of "victims" mentioned by many scholars, this paper will give a comprehensive and refined definition. The first chapter, the meaning of the word "consent" leads to the explanation of "the consent of the victims" in the Tort Liability Law. While analyzing the scholars'opinion of it, we get a comprehensive meaning of it. At the same time, in order to have a more comprehensive understanding of it, this chapter also discusses its constitute elements.The second chapter, the author analyses the foundation of legal effectiveness and the range of the consent of the victims, then get a limitation of its effect from the two above.The third chapter, on the basis of the comprehensive understanding of the,consent of the victims, the author analyses the related concepts.The fourth chapter, combining theory with practice, use the practice of the example of typifications to do the type of research.