The Inquisition Of The Infraction From Friendship Behavior

As the name implies, the friendship behavior is the friendship between the parties who made out of a move. Such as Is glad helps the philanthropic undertaking which the human,enjoys doing charitable things. However,in the common life, Why take the relationship between people in the law to discuss it? Because in practice, Behaviors of the many philanthropic undertaking were actually contrary to what expects bring many disputes, the matter which the good intention was more of a hindrance than a help have occurred repeatedly. Because the good intentions original intention neglects, instead gave other people and has brought troublesome, the litigant went to court, this time, the bilateral friendship intention carried on the melt already appears regarding this lacks the ability to do what one would like.Then such a dispute whether the constraints should be included in the scope of legal norms? Infringement arising from acts of friendship responsibility should be defined and how to deal with? These common problems brought to the lives of people everywhere in trouble, so the friendship tort liability caused by the action research,in order to explore to promote kindness and mutual assistance in the social philosophy and spirit of the proper guide people's social values, behavior effective protection of the interests of the parties and the construction of a harmonious society has important theoretical and practical significance.But the holoscopic entire academic circle, bestows favor the behavior regarding this kind of good intention the research, only sees here and there in German and in Taiwan's fragmentary scholar's legal monograph, not yet sees forms system's theory discussion.Germany's civil law educational world starts in this aspect early. And representative personage representative personage Mei Kusi in its monograph "German Civil law General remarks" this behavior called that it "the friendship behavior", and the contact relations which causes from the behavior is called "the friendship relations". He mainly qualitative has made the massive legal principle theory of law analysis to this kind of behavior's law. But German legal precedent principle, in confirmation friendship behavior whether to have the legal obligations in the process to develop a set "the regulated standard" to attempt to it makes the objective limits. In Taiwan, the civil law educational world mainly has Wang Zejian on behalf of the scholar and yellow stands. Two scholars in the good intention bestows favor the relations on qualitative with the German civil law educational world viewpoint basic consistent, above its research main stress in the good intention bestows favor the dispute which the behavior causes to solve. in China, the more rarely seen related civil law teaching material and the scholar makes in the related writing to this kind of question to elaborate, theoretically isdeficient, in the practice also does not have the legal precedent to be possible to supply to use for reference.Therefore, the author chooses "the good intention to bestow favor" the thesis, utilizes the limited resources to conduct research and the discussion in one's power to it, attempts in the theorists to this kind of question limited academic viewpoint, summarizes induces own mentality, bestows favor the relations and the behavior to the good intention gives in the legal stratification plane a reasonable localization. This paper describes the concept of friendship behavior and classification, followed by acts of friendship to the nature of discrimination, then the friendship leads to the result of acts of infringement liability definition and treatment research, in order to make their own humble opinion, to make up for the legal practice Processing rules in the blank.