A Study On Experts' Civil Liability Of Tort

Recent developments in social division of labor and economic reform have enhanced the specialization of professions in china. Cases involving professional liability begin to emerge in large quantity, thus the need to carry out a detailed study of professional civil liability is increasingly gaining prominence. Especially professional civil liability of tort, as a kind of professional civil liability, it has never been dealt with adequately both in legislation and in practice. The above-mentioned realities urgently require us to attach more importance to professional civil liability of tort and to make unified legal provisions to regulate it.This thesis uses economic, comparative and historical methods of investigation to explore the basic theories and practical problems of professional civil liability of tort .In the end the author puts forward some proposals in order to perfect the legislation of professional civil liability of tort and call for more attention to it.The whole thesis is divided into five parts.Chapter one is an outline of professional civil liability of tort. After the definition of expert, this chapter focuses on the status of professional civil liability of tort. The conclusion is that there is great margin between the should-be status and actual status of professional civil liability of tort and professional civil liability of tort has long been neglected. Thus this thesis choose professional civil liability of tort as its subject in order to call attention to this important kind of professional civil liability.Chapter two discusses the theoretical basis for experts' shouldering of tortiousliability to people who have contractual relationship with the experts and to the third parties who have no contractual relationship with them.Chapter three probes into the principles for the imputation of professional civil liability of tort. The author holds that only the principle of fault liability can be applied to the imputation of professional civil liability of tort and converted burden of proof should be used here.Chapter four discusses the undertaking of tortuous liability form three points of view, that is: the composition of professional civil liability of tort; the subject of liability; the limitation and socialization of tortuous liability. When discussing the composition of professional civil liability of tort, the author mainly expounds the way to prove cause and effect relationship and to prove the experts' fault. While by studying the subject of liability, the author concludes that the subject to shoulder professional civil liability of tort is not necessarily the tortfeasors. Finally the author argues that the limitation and socialization of tortuous liability can help to protect the development of professions in china.Chapter five is the conclusion of the whole thesis. In this chapter the author gives both macro and micro advices on the perfection of legislation for professional civil liability of tort.