On Bearing The Liabilities Of Tort Actions In Public Interests Donation

The modern public interests career means to engage in social remedies and public interests industry by means of capital poling of donation of the social members,and public donation is one important part of public interests career.Social donation consists of the basis of public interests career regardless of its portion and embodies the core of the public interest spirit.However,some disputes happened between the donated property and donor deriving from public donation.For example,Chinese industry and commerce bank spent the special funds for disasters in Sichuan earthquake in buying sneakers for its employee.Jinjie travel limited company in Hong Kong infringed the trademark rights of Chinese youth fund commitment. All of these cases presented both the personal spirits of love and contribution and the ignorance of the donor' s warm heart,resulting to the critics,incredulity and uncertainty of the donor.They have been the obstacles for this kind of charity to process smoothly.The problems are caused by the imperfectness of our legal systems,meanwhile,the lack of systematic research on the public donation.In recent years,the research on tort law are prospers.This article focuses on the tort actions in public donation in the perspective of beating tort liabilities,and then provides for the proposals to improve our legislation and judicial practice.This article includes four parts as following:Firstly,define the tort actions in public interests donation.The tort actions in public interests donation means the subjective or the participants in public interests donation activities infringe social public property,other party' s property and personal interests by conducting or non-conduction, due to their faults.Under these circumstances,they shall bear the civil liabilities.Secondly,analyze the legislative and judicial defects of the donation tort actions' constitutions and liabilities in our country,in order to present the necessities of the article.Thirdly,It is objective and necessary for the infringer to bear the liabilities.Further,the article analyze the anti-clause of infringement liabilities for legal justice.Fourthly,It provides some opinions upon the above issues and points out we shall define the donor' s respective rights and duties in accordance with the practice.Take an neutral view on the liabilities by giving legal concepts of "property" and "fault presumption".Improve legal regulations of tort actions in public interests donation by reference of experiences of western countries.