The Research In Tort Liability Form

People are animals living together, the people's sociality are reflected through living together and mutual communications. In the exchanges, people will inevitably have conflicts, and the occurrence of infringement will become certain in a variety of conflicts. The form of Liability for Tort is to distributied that after violations have occurred and the tort liabilities have been formed, the infringement responsibility should been identified between the different parties depending on the type of violations.As the division of labor in human society is more detailed increasingly, then the communication between them are more complicated. Therefore the tort lead to various types of damage due to the diversity of behaveor, so the forms of damaging facts resulting from the torts of human society have complex . The single form of liabilitis and the complicated problems of tort liability are incompatible, therefore the diversities of liability for tort law will become the necessarity in the development of tort law.The basic content of the tort liability forms was discussed and summarized its charactteristics from four aspects: First, the form of tort liability is based on the types of violations but is different from the types of violations. Second, Tort Liability form is different from the way of infringement liability. Third, tort liability form is a legal form, as confirmed by the legal provisions, in line with the basic form of tort liability. Fourth, the premise of tort liability forms are the action of tort liability and the existingof tort liability. The importance of study on the tort liability are stated and the status of tort liability forms research is remarked, and the present situation and the new development of the tort liability form in the foreign countries has been focused such as Germany and France. Dasing on the above analysis, the authors proposes to build a system of tort liability form which is suitable for China's national conditions and is scientific and rational. In the part, the author defines a concept of a scientific and rational form of tort liability, and settles several questions on the responsibility to establish a scientific form of infringement, focuses the mutual relations on several types of tort liability form.On the basis of theoretical analysis, boldly the buliding of significant content in the system of tort liability forms is put forward and the scientific and rational form of tort liability system should include the following several major aspects: first, the direct responsibility and the indirect liability; second, the unilateral responsibility and the mutual responsibility; and third, the separate responsibilitiy and the shared responsibility. And the three aspects have in-depth explanation.The research in tort liability form, from the time perspective, it has been doing for a long time, but the content point of view, there is no clear definition. Although some hard work had been done, there is still a feeling not to tap. The problemof Tort Liability form is truthfully legal relations in the allocation of rights and obligations which is an important aspect that we need to put great enthusiasm.