Liability Exemptions And The Legitimacy Of Research Topics

Defenses, as the tort liability system of the rich connotation of the theory of integral part, but not in China from the theorists and practitioners to get enough attention, the paper historical research, comparative research, economic analysis, empirical analysis and other legal research methods, the exemptions do general research and try to reveal the basis of its legitimacy.The first part is an overview about the exemptions, exemption from a historical perspective on the emergence and development of the subject of study and learn can learn from the thought.The second part is a theory of tort liability exemptions in the status of the system, a clear infringement liability exemptions in the theoretical system with its own independent status.The third part is the proof on the legitimacy of exemptions from the value of the balance, economic analysis, three aspects of justice legitimacy of the existence of exemptions based on the proof.The fourth part of the article is about the existing system of tort law defenses, the assessment, and proposed exemptions should be from a perfect type of exemptions do identify the relevant concepts and specific provisions related to the two proposals put forward.