Formation Of Tort Responsibility

With our country legal system Ceaselessness perfect,law consciousness of citizen strengthens unceasingly, law case increases by gradually in connection with tort compensation for damages,new model tort dispute law case springs up unceasingly , how to sets mind on tort responsibility already becoming important problem in trying. The main body of this article is needed to start off from trying practice, add a little bit investigation and discussion to important condition and tort responsibility imputation with regard to tort responsibility formation. The aspect investigation and discussion such as important condition , imputation and the origin of an incident speaking out in one's own defense is conducive to tort responsibility firm belief to tort responsibility formation , condition returning tort responsibility and the strong small side door of contracted responsibility back to existence in reality affair in law, they are necessary at the same time differentiating here.The first chapters compose important condition mainly with regard to tort responsibility basic carrying out the analysis introducing the damaging fact ,fault ,illegal activities and causal relationship. Causal relationships among them firm belief is comparatively complicated , it include the causal relationship says , law and regulation purpose says , duty range speaks mainly including that direct result saying . Fault part need to draw a clear distinction between the main body , object and judge key element then, the relationship of fault and illegal. Author also managed analyses in progress on psychology.Second chapters have introduced the delict imputation mainly. The important effect and position in having suggested that imputation is the core of law of torts .The author analysed the history evolution of imputation, it experienced result responsibility principle ,fault responsibility principle, there be no fault four responsibility principle and impartial responsibility principle stage. the author also introduce the tort of our country imputation , that are responsibility principle, no namely fault fault responsibility principle , fault deduce principle and impartial responsibility principle, analysing the relation in being trying the process applying.Everything has an exception. In the third chapter ,authors emphasize counterargument origin of an incident . The origin of an incident speaking out in one's own defense is to point to a delict though person having brought about damage, but that behavior the circumstance not composing a delict according to law for others. The author analyse the history of speaking out in one's own defense , home and abroad regulations ,in order to make structure especially perfect.In the actual life, there are some the responsibility breaking a contract and the strong tort responsibility small side door happened, the author expounds in analysing the basis that two kinds responsibility differentiate having been in progress to the various theory coming into being from this on that, have brought forward self viewpoint and simplely.The author have thought that which way is able to protect the victim's more well that benefit is damaged to be that self decides by the victim of reason , the interested party to should exercise self within the fixed time choosing right by.