Types Of Violations Of Common

With the development of society, human relationships become more complex, this will inevitably lead to violations of the line of common situations are becoming increasingly diversified. Countries in the study of common violations are generally starting from the practice of co-continuous range of violations, such as broader, more scientific types in order to achieve common values of tort law. Common type of tort is a tort refers to a common form of the complex to be classified into the method. China\'s violations of the common law theory and, although becoming more and more perfect, but the type of complicated form of the problem has not been established scholars advocate their own point of view, the existing legislative provisions but there are still many gaps, can not meet the complex and ever-changing needs of society, it is necessary to strengthen the common types of violations of the study. Writing this paper has the following meanings:First, from the tort theory of common-depth study of the connotation and extension of the scope to explore the types of specific types of elements and enrich the theory of joint tort system research; second joint tort conduct the type of research has important practical significance. Life, the large number of infringement involving the majority of cases, in line with what the elements of what can be included in the common areas of tort, that is, the application of joint and several liability system to resolve a number of people on how the scope of infringement, the general interest of the people involved in the legal clear distribution.Common violations of tort law are an element of infringement and tort liability in accordance with the number of people classified the results of a classification. As distinct from a separate tort, common law tort of the most important significance of the joint tort should bear the joint responsibility of people, that is joint and several liability, which is carried out with the victim offender made after weighing the interests of the institutional arrang ements. Papers on China\'s adoption of a common legislative tort theory and practice of learning and research, the nature of violations in accordance with the common characteristics and the pursuit of the value of tort theory, the type of the points of compromise amendments, were subjective and objective commonality two types are discussed.Besides the preamble, articles, this consists of five parts.The first chapter focuses on common types of violations of the foundation, mainly from the analysis of elements in clear violation of the common nature of the "commonality" of subjectivity and objectivity of the characteristics of features. Further violations of the common value of the dual perspective of the common types of violations of standards are described, namely, to punish wrongdoing and the protection of victims of the theory of value.Chapterâ…¡by the method of comparative analysis of the types of violations of common theories of part of, first of all, on the Two Legal Cases on behalf of the state legislative analysis, proved the value of national tort law gradual punishment from a single model to penalties and relief a combination of changes in trend. Then this change is based on the prevalence of domestic theory analysis of the three, finally, by amendment to the compromise that the point of view of common violations are divided into common and based on the subjective and objective based on two types of commonality.Chapterâ…¢discusses the commonality based on the subjective study of the common types of violations. Classification method used here is included in the subjective commonality of the common types of violations covered by the specific form of research. Such as common victims and abetting acts of help-based groups of common violations and violations of common tissue type. Research focused on this type of subjective forms of diversity and their commonality in accordance with the subjective jointly and severally liable for the issue of reasonableness.Chapterâ…£discusses the commonality based on the subjective study of the common types of violations. Consider reviding. The victi m in order to reduce the value of the burden of proof of concept as the basis for the delineation of types, will inevitably have to sacrifice the interests of offenders, so the objective of common violations are common to the study for the perpetrators at the same time provide a proof on its free Select the opportunity to attempt to achieve true fairness and justice.Chapterâ…¤is the concluding part thesis, mainly on the existing relevant legislation of the inadequacies of the tort for the future introduction of a common law tort on the part of some of the recommendations of the Legislative Council. Should first identify the concept of common violations, then the provisions of commonality in the subjective and objective standards of common framework for the system, thus eliminating the need for complex patterns to specific provisions of each and every one of the trouble.