On The Ordering Partys' Tort Liability

The complexity of the social life requires the refinement of legal theories and systems. This thesis start from the problems of reality, that is, whether the ordering party should bear a compensation liability and what kind of compensation liability the ordering party should bear, and explores all kinds of problems involving the tort liability of the ordering party which is rarely concerned about in theory but common in practice.Apart from the preface and the conclusions, the thesis can be divided into three chapters:Chapter one analyses the current legislation of tort liability of the ordering party in China, and points out the drawbacks of China's legislation on tort liability of the ordering party, and also compares the tort liability of the ordering party with institutions such as the contract protecting the third party and the employers' guiding errors during supervisions.Chapter two introduces the legal system and certain theories of the ordering partys' tort liability of Tort Law of USA and Canada, General Tort Law of UK, Scandinavian Civil Liability Law, European Civil Code, Ethiopia Civil Code, Japanese Civil Code. Through the contrast of foreign and national laws, the author argues that the quality of the ordering partys ' tort liability should be divided into three types for analysis, and offers specific advices to improve the quality of China's the ordering party tort liability.Chapter three studies the constitutive elements of the ordering partys' tort liability, and describes specific elements of the ordering partys' compensation liability in different liability modes, and tries to analyze the rationality of all modalities of the ordering partys' negligence and the negligence of appointment, and reaches a conclusion on the basis of above and brings forward advices, including the expansion of the reasons of the ordering partys' liability, the rationality of the combination of stipulations of contractor's damage to people and contractor's suffering damage, the necessity of Civil Code's stipulation of employment contract, patterns of burden of the ordering partys' tort liability, etc.