Tort Liability Of The General Subject Of The Consent Of The Victim Defence

In order to meet the actual needs of social life,protection of citizen ' s fundamental fights,promote social progress and development,and "17carge"by "the rule of law and buliding a Socialist countey ruled by law"in line with the development of uniform Civil Code and Civil law,regulations, judicial interpretations to organiza,summarixe,perfect,it is imperative,is also the trend of China' s civil legislation.Sound,advanced requirements of the Civil Code and legislators of the worldBritain,"in schools,Western learning for use"and draw on advanced legislative experience and the legis lature,the full protection of human fights,the protection of citizens,legal persons and other organizations of the legitimate rights and interests.The protection of national interests,safeguarding social order and promoting economic and social development.A unified advanced forward-looking Civil Code must have a comprehensive tort law system,asfor the defence of tort law is subject to provisions of the Civil Code legislation can not be evaded the important issues.The victim agreed tort law as an important legal system,tort liability as a subject of defence,foreign law and jurisprudence has been in existence.China due to violations of law and the legislative delay,whether the consent of the victim as a civil tort liability of defence matters,the law does not clearly defined.Practice, there hare been similar to the consent of the vicitim and the victim agreed that the subject matter as a defence negates the law of tort cases.The oretical research and legislation lagging behind compared to the substantive ahead of time so that tort law in an awkward position.The topic of research Perhaps,Rerhaps on China' s tort law system to do our best.The victim agreed in the common law,known as the gereral subject of defence,as it negates the civil law on the offence.It negates the gereral offence and defence matters is the different name,meaning there is no substantive difference.From the comparative law,the consent of the victim in what the legal effect of variousprovisions of national laws.Set the general terms of the consent of the victim agreed to a common type of research,provided the consent of the victim as a defence to the subject of restrictions on the Construction of China' s Cicil Code is of great significance.This paper from Comparatice law perspective on the victims agreed to with a view to the victims agreed to have a comprehensive under standing as a basis for the establishment of the victim agreed to study theory.The first chapter,the author of Comparative Law from the perspective of the victim agreed to exposition.Incuding the consent of the victim is the subject of exemption or defence matters,with the consent of the victim own risk,national legal provisions of the consent of the victim what the legal effect.In this paper,the second chapter focuses on the gereral terms of the consent of the victim,including the consent of the victim' s meaning,nature, constitute elements,such as the scope.By introducing this chapter,the victim agreed to have a comprehensive under standing of integrity.The third chapter,the author of the victims agreed to conduct the type of research.Type of research,the consent of the victim at this stage to define the proper type,but the existence and practice of sereral controversial cases,such as sports,medical and other acts.Chapterâ…£,on the consent of the victim as a gereral defence subject to restrictions includes the provisions of the law of force,public order and good customs,and so on.