On Antecedent Action And Rescue Obligation In Omission Tort

In law practice, there are good theories and law articles which are bases of defining Positive Tort actions, that is, Law of Torts of mainland China generally and always admit the Action Tort that is disobeying Non-actions Obligations of trespassing on other's legal rights. Meanwhile few researches were done on Omission Tort which violates Action Obligations. With development of Chinese society, new types of cases come out continuously, including so-called Omission Tort cases. It's a hard mission to define the Antecedent Actions, Rescue Obligations and logical relationship between them in Omission Tort actions, because there are no good theories and law articles of Omission Tort, which leads to the variation over judgment standard hence finally leads to the difference of judgment results. The contradiction between actual necessities and lag of theory researches is coming into a prominent problem. Hence, it's necessary to carry on deep studies on Omission Tort, exactly speaking, on Antecedent Actions, Rescue Obligations and logical relationship between them.Beginning from necessary conditions of Tort, Antecedent Actions and Rescue Obligations, this thesis studied the nature and intension of Omission Tort, and connecting with practical cases, analyzed the Omission Tort, Antecedent Actions and Rescue Obligations in the cases, and finally brought forward some suggestions on legislation improvement and judiciary judgment of Antecedent Actions and Rescue Obligations in Omission Tort.