Research On The Right-oriented Idea Of The Tort Liability Law In Our Country

The purpose of this paper is to illustrate the development history of standard of our tort liability law and the comparison between inland and overseas. This paper will analyse why the right-oriented theory is the standard of Chinese tort liability law and what is the meaning of right-oriented through observe the evolution.furthermore to prove the object of Chinese tort liability law is a socialism modern law to protect the legal rights and interest, it's significant to construct socialism harmonious society, deal with the relation between right and obligation, individual and society. The paper will put forward a new way to deepen the idea of right-oriented and the theory to construct the socialism rule of law. There are three articles in this paper:The first article, the paper will analyse the meanings of right, right-oriented theory, point out that the object of the compulsory regulation is to protect the realization of right. There are some legal restrain on the behavior of subject, but the restrain is to ensure that they could realize and respect protect others'legitimate right. Right could be presumed when there is no prohibition or restriction. Right-oriented theory can exhibit the relation between right and obligation. Through the comparison we can make sure what the content our right-oriented idea should contain, what the reason of why our tort liability law is right-oriented.The second article will analyse the relation during liability, obligation and right. The center of the law is the regulation of right and obligation. People can't conclude whether a law is right-oriented or obligation-oriented on the base of whether the content is to set right or obligation. The regulation of obligation is to fulfill the legal right. The basic function is that it can emphases and protect civil subjects'private right. Subject can consult the law how they can save their right.From the last article we can conclude that harmonious society is people-oriented.People-oriented society is right-oriented society that people's right is the most important. This article will discuss the significance of right-oriented theory of tort liability law is that it is the base to contract harmonious society. The paper will point out that right-oriented idea is very important to social and legal justice.