On Civil Liability Of Professionals To A Third Party

The civil liability of professionals to a third party is a key issue of the professional liability and is the most controversial one. With the rapid development of science and technology and the distinct division of labor, professionals are more depended on than ever. How to balance the public interest with the professional's interest when a professional's conduct impairs a third party by negligence has become both a practical and an academic concern.Based on the comparison and analysis of the theories and practices of professional liability of both domestic and abroad, this thesis analyses the definition, characters and catalog of"professional", the scope of"third party"and focuses on the doctrine of"assumption of fault", the identification of"negligence"and"the causation relation"in a professional's tort by negligence. This thesis also discusses how to reasonably limit the professional's liability taking the high risk of the profession into account and proposes the professional liability insurance.