Discussion On The Torts Liability Of The Ordering Party

During current economical contact, it became quite common to hire others to work by concluding the contract for work. Furthermore, during the performance of the contract, it is also frequently taken place that the negligence of the ordering party leads to the damages of others, namely liability for torts of the ordering party. However, in our national civil law, no regulation on the torts liability of the ordering party, and also the study on our civil tort theory is quite weak. Base on these, and also base on the importance of the torts liability of the ordering party in lawsuit in our country, the writer decides to study the torts liability of the ordering party. The goad is to discuss and grasp the torts liability of the ordering party in a more extensive way and more deep level; and through these to promote the study of the torts liability of the ordering party in the field of law theory; then the legislature will pay more attention on studying the liability of tort of the ordering party, thus quicken the progress of the legislation on the torts liability of the ordering party. To achieve this goal, the writer starts his study from the following seven aspects according to the requirements of lawsuit with close-connection of torts theory.1. Preface. Though the torts liability of the ordering party is extensively existed in lawsuit, there is no regulation in civil law and no importance attached to study the torts theory. Therefore, it is of great significance in studying the torts liability of the ordering party.2. Concept of the torts liability of the ordering party. It comes to the definition through studying the origin and development of the torts liability of the ordering party in the civil law and common law, stating the regulation from the end of the Qing Dynasty to now, and analyzing the differences and connection of the concept of the torts liability of the ordering party, the general liability of torts of the ordering party, the liability without faults, and the liability for breach of contract.3. Characteristics of the torts liability of the ordering party. Starting the point of the relation of law between the ordering party and contractor, it states the law relation of contract for work is the general characteristics of the torts liability, at the same time, demonstrates the torts liability is indirect liability, and establishes the characteristics of negligence of ordering party through the liability for prima facie fault .4. Key elements of the torts liability of the ordering party. According to the theory of key elements of the torts liability, it states the negligence of ordering party, the causation, and actual damages that are the key elements of the torts liability of the ordering party, among of which, the negligence of the ordering party is the general element.5. The methods of the torts liability of the ordering party. Using the direct or indirect theory of many torts without intention, it states the damages of the torts liability are because of direct or indirect connection of the negligence of the ordering party and contractor, and then demonstrates the methods of torts are share liability or alter-native liability.6. Legislative suggestion on the torts liability of the ordering party. The torts liability of ordering party exists commonly in our economic life, however, there is no regulation in civil law, and legal interpretation on torts liability of the Supreme Court has no legal bind. And the regulation on torts liability of ordering party in the civil law drafted by experts in law does not fit in reality. So, the writer proposes the specific legislative contents of the torts liability according to the study of the torts liability of the ordering party.7. Summary. There are many questions in the torts liability system of ordering party that must be taken into consideration, for example, the proving negligence of the ordering party, the causation, and the liability of the contractor when he causes the damages of the ordering party during performance of contract. The writer hopes that the legislature can pay more attention to the regulation on the torts liability of the ordering party as soon as possible, and the regulation on the torts liability of the ordering party is scientific, practical, reasonable and sensible and fit in jurisprudence.