On The Independence Of Tort Liability Act

In the development process of the Civil Code, whether or not to be a separate part of tort law has always been a focus problem. From the traditional view of civil law, tort law has been the part of law as a debt to being vested in debt law. But with the modern social development and democratic legal system the requirements of the Liability Act, the violations of rights guaranteed by the scope of Buduan expand; its debt in the traditional method Tiji in the Fuzai of Gongnengxianran has Buzu Yi Shiyingshidai the demand. Tort Claims Act from a system of law should be separated to become independent of a civil law system. Tort law is to improve a separate part of an important step in our civil law system,Tort law is to be an important condition for the development of continuous improvement.This article is based on this background and in-depth research. This article consists of four parts, layers of in-depth analysis of the relationship between violations and claims. First of all, starting from the Roman law, as to violations of civil law as a debt due to the traditional legislative model is derived from Roman law. Roman's debt and the responsibility is not indiscriminate, but Roman law was the fact that the law of responsibility. Roman will be private committed, contracts, the origin of the common law as a debt is a historical misunderstanding. Secondly, this paper examines the traditional debt and obligations of civil law in the unity of rationality. The one hand, historically speaking,Roman Law on the debt and responsibility is indiscriminate, on the other hand as a form of liability for damages in a certain historical period has a very important position. Third, tort law and the characteristics of debt law, the legal consequences, liability and other point of view of the Tort Liability Act and the need for the traditional method for cutting debt; from the legislative model, the development of space point of view of the Tort Liability Act independentlyneed. "Tort Liability Act" introduced, for the improvement of our current socialist legal system, protect the lawful rights and interests of civil subjects, a clear infringement and distribution of accountability, resolve social contradictions, uniform standards for civil cases and the legal application of the Disarmament Commission to build a harmonious social relations and so on, have a very important practical significance. However, "Tort Liability Act," with the other laws that is difficult to exhaust all possibilities, due to legislative tradition, legislative technical and legal regulation of the broad principles such as objective conditions affect, Reng there Zhuduo enough. The last part of the "Tort Liability Act" proposed by some consideration.