Interpretation Of The Tort Law In Construction System

Tort Liability Law of People's Republic of China is enacted with obvious Chinese characters, which especially reflects in its legal system. The law can be divided into 3 parts, which are general provisions, detailed provisions and supplementary provisions in terms of legislative model. Supplementary provision is actually a technical clause, while Article 2 of general provision is a general clause in command of the law. Article 6 and Article 7 are general provisions for faulty liability and dangerous liability respectively. Article 34 which stipulates unit liability is a general provision for vicarious liability, which are independent but also interlocked divisions of the general provision stipulated in Article 2.In my opinion, We establish our legislative model as general provisions plus limited and categorized enumeration. Categorized enumeration refers to the detailed provisions, among which traffic accident liability, medical malpractice liability and object-caused harm liability are faulty liability, while product liability, environmental pollution liability, ultra hazardous activity liability and domestic animal-caused liability are enumeration for dangerous liability. Liability for motor vehicle traffic accident also reflects some characters of dangerous liability. As discussed above, the detailed liability clauses are enacted as general provisions plus limited and categorized enumeration for vicarious liability, but employment liability and guardian's liability belong to dangerous liability, which makes all the enumerations interlocked. Furthermore, Chapter 4 falls into general provisions jurisdiction which makes some people argue that Chapter 4 should belong to general provisions. Article 34, which should appear after Article 6 and 7 of general provisions, actually appear in the detailed provisions, which makes general parts and detailed ones interlocked. Every chapter in the detailed provisions have its own general provisions with legislative model of"general provisions plus limited enumeration"and specific provisions .Comprehensive general provisions, branching general provisions , general provisions in all detailed chapters, limited categorized enumeration and specific provisions are of progressive logic with strengthening effectiveness while the latter ones preclude former ones. Due to the independent and interlocked structure, I summarize it as general and detailed provisions dividing and collaborating with their functioning together. As far as the law concerned, the system for imputation runs through the whole tort law. The primary imputation principle is faulty liability, which extends forward to develop dangerous liability and to opposite as vicarious liability. We establish our dangerous liability and vicarious liability system as the main imputation principle on the basis of human-centered belief. Therefore the function for relief should come first. So the Tort Liability Law should be interpreted in the perspective of protecting infringed parties'right to seek relief and distributing justice. General provisions as the outer form and imputation system as the main content both join together in Liability Tort Law.