The Identify Of Narrow Sense Common Tort Violation In Judicial Practice

The common tort system border known as the controversy in theory, the scholars put forward their point of how to identify the "commonality" of a narrow sense together tort system. There are subjective, objective, and compromise etc. But no matter what point of view, the ultimate goal is to better practice in the administration of justice to achieve more fair and just to solution the specific cases. For the judge, how to identify the common tort system is one of the more difficult issues in judicial practice. As a judge, also had the profound understanding in the process of handling actual cases, therefore, this article from the common concept of tort and legislative current situation, discuss and comment the controversy of current theoretical of common tort system. With cases, consider how to identify common violations in judicial practice, propose legislative proposals for narrow sense common violations which commonly in judicial practice such as interesting contact common violations, aiding, abetting common violations, negligence common violations which hope have some assistance for narrow sense common tort system researching and identifying in the judicial practice.