The Reflection On And Criticism Of The Reformation Of Modern Tort Law

The core of changes in tort law is the change of the way it attributable to. The most important symbol of changes of tort law from the modem to the present is that the way it attributable to is the innocent. That is to say, the establishment of the principle of liability without fault. As the name implies, the principle of liability without fault in tort law is that we should not consider the fault of the perpetrator when we want to find who should be responsible for something. Instead, we directly attribute the liability to the party of the perpetrator. Of course, we have to make clear that no fault liability does not mean that there is no fault of the perpetrator, but only that the process does not consider the acts attributable to the fault, the most important reason to do so is it is difficult for us to prove the fault of this acts of these areas, But the victims are really need relief, and the actor has the ability to compensate, we can only simplify the process making clear the liability.The focus of this article is the reform of contemporary tort law. We use no fault liability as the theme to realize the major expansion. What we want to describe is the change in the context of the "people" and how to place the image of the changes, as Mr. Zhao Tingyang put it "in life, human is being, it is not confused; what the people were made to be is the problem." In this article, I wanted to explore "What people were made a of existence in the tort law".In the first part of this paper, I will discuss the possibility of change of the image of the human in a large modern Western philosophy of tort law. It has a big background and demonstrate that change has become a reality; The next we will discuss is the reality, or the cause of the whole tort reform. Reason to do so is that only when we understand the profound changes in tort law, after this deep-seated reasons, tort law in order to understand the internal logic of the "human" image of the inherent changes. we have faint aware of changes in tort law is intended to be able to give an effective relief to the victims, but what I will demonstrate in this paper is that this remedy is not effective, or even more loss than what we got. Both modern or present tort law theories "misread" the image of man, to some extent. Then what "person" should be in the tort law? This is the second part; If "human" image is misread in the tort law reform, how can the "people" mentioned above consistent with the social effects requested by the tort law? I think the first is we have understanding of tort law, there is some bias, which is considered to be a tool of social control. Secondly, followed by the return of their principle of responsibility, adhere to the principle of fault liability just to meet such a need, the objective of the principle of fault liability and the presumption of fault will safeguard the people's image, but also fulfill the important mission of tort law given in such a era.