Discussion On The Evolution Of The Modernization Of Tort Of England

In this paper, Starting with the introduction and value of assessment of the 3 Cases, supplemented by the discussion of historical data and the relevant cases ,I want to sum up the causes , characteristics and trajectory of evolution of 20th century Englishnegligence tort law. Specifically, this article is divided into the following sections:The first part focused on the facts of three cases and the relevant background of the sentences. In the process of Writing, I strive to find the truth about the case of the most complete historical records and to look for some considerations of policy from the judge's verdict. Through this section, to make readers has a more comprehensive understanding of three Cases.The second part describes the value of three cases. this paper focused on the Change of the meaning to the duty of care, the evolution of prosecution of pure economic loss caused by negligence false statements. It should be noted that, in this paper, the introduction of the value of three cases should be not separate from each other, but tried to make the value of each case shows a before and after relationship between each other.Third part ,I want to generalize the general track of the evolution of English tort law of negligence in the 20th century. This section is divided into the evolution of duty of care, the evolution of prosecution of pure economic loss caused by negligence false statements and the evolution of the meaning of negligence. Among them, the part of evolution of duty of care is divided into the evolution of the meaning and the rules of the establishment; and part of the evolution of prosecution of pure economic loss caused by negligence false statements mainly introduce wakening process of non-actionable of pure economic loss caused by negligence false statements and the process of establishing the principle of Heller case process; Finally, in the part of the evolution of the meaning mainly introduce the process of evolution of actionable of Speech errors.The fourth part mainly described the causes and characteristics of evolution of the tort law of negligence of UK in the 20th century. Among them, part of causes is divided into three parts: the direct cause (case-law tradition), the root causes (changes and development of socio-economic) and other reasons (subject to the impact of tort legal system of other common law countries); and in the part of characteristics ,I mainly describe the role of guidelines of the socio-economic factor to the evolution of the tort law of negligence;having an process of "amendment - to confirm - the amendment" in its development.Partâ…¤, mainly described the conclusions ,we can draw from the demonstration of evolution of the tort law of negligence,and something beneficial to the construction of the tort law of negligence in our country.So, I think that there is more or less the value of the following areas:First of all, because of the interaction between English tort law and social is more frequent and intense in the 20th century,so from the process of evolution of it,we can see clearly the interaction between the needs of social and legal.Second, in the tort law of United Kingdom, as a type of responsibility to reveal all the details of the nature of the duty of care, undoubtedly the negligence tort law has the most important position.In this paper, in order to make the research results can have a greater coverage, the negligence Tort Law in the United Kingdom is the subject to reasearch.Finally, from the view of the research about the negligence tort law in the academic community,it is still at an early stage.Therefore, from the assessment about the three typical case of the 20th century, I want to strive to draw the the general trajectory of development and evolution of the negligence Tort Law in the United Kingdom.Therefore, I think that there is the following two purposes in the writing of this article:(A) Through the description about the track of the evolution of the negligence Tort Law in the United Kingdom, so that readers can have the accurate and complete understanding of it; from a legal point of view on history of law,I want to reveal inter - interactive and interdependent relationship of the evolution of negligence tort law and social.(B) Tried to sum up the specific law of the evolution of negligence tort law of UK,and made it a useful reference to the construction of China's legal system ,so that maximize the value of the system.In this paper,it apply such manners as analysis of cases, cross-disciplinary research, historical research, comparative study of law. I stand on the view of legal history and combine the basic theory of Civil and Commercial Law, on the basis of analysis of case, comments of the value of the three cases and induction of the impact of English negligence tort law in the 20 century,and sum up the general trajectory of development of its evolution.