Comparison Study On Legislation System Due To Tort Law

The act of tort is an illegal act that infringes other's rights or legal interests beyond nonperformance. It has its own features: first, it's a factual behavior, not a kind of civil act; second, it's a kind of act that nonspecific obligation person infringes other's rights or legal interests; it's a kind of illegal act, acts permitted by law don't belong to infringements.From comparison method point of view, legislation system of tort law chiefly has four types: French summary type, Germanic compromise type, Anglo-American recital type, Dutch and Ethiopic general clauses adding typal mode. Through comparison study on each country's legislation system, the author believes that our country ought to adopt the general clauses adding typal mode.The author devises tort law legislation of our country:1,General clauses. Natural person,corporate body and other organizations should bear civil liability when they illegally infringe other's rights or legal interests. Anyone should bear civil liability not only when his own act cause infringement but infringement caused by other's act that he's responsible or things under his control.2,The type of infringements. Because general torts share common attributes in constitutive requirements,exemption and liability of the parties, there has no need to be listed, but those infringements have their own specificities in any of the parties of constitutive requirements,exemption and liability of the parties should be listed to give clear instructions to doers and judges. The classification of types: their tort liability, liability of causing harm to others, liability of causing damage to objects, hazardous duty.3,Stipulations of remediable damage. From the nature of the damage remediable damage can be divided into property losses, personal injury andmental damage. Property losses include direct and indirect losses, in principle, the former should be full compensated; for the latter, it should be reasonable compensated. Remediably pure economic loss should be listed, and we should provide the conditions and the scope of its application.4,Make a specific form of tort liability. Making a detailed form of joint and several liability,vicarious liability and additional liability.5,Clearly stating the causal relationship between the constituent requirements of tort liability in the law: causal relationship between inflicter's behavior and the damage that the victim suffered is the condition that inflicter bear civil liability. Causal relationship is caused with the relations between tort and damage.6,Perfect the conflict rules : first, we should set our values of tort conflict law; second, there are still a need to repair the terms in current law; third, a few suggestions :One, the introduction of proximate connection principal, comprehensively reform and improve China's legal system of application of tort law applicable involving foreign elements; the other, the introduction of the rule of autonomy of the will, inject new vitality and momentum to China's legal system of application of tort law applicable involving foreign elements.