Font Size: a A A

On Liability For Tort Of Unknown Inflictors

Posted on:2011-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:X F LiFull Text:PDF
GTID:2166360305495684Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Tort of unknown inflictor is a case that the tort liability should due to a group who have a common obligation when one or more person of them hurt others or cause their property damage, but the actual inflictors can not be determined. In real life, such violations often happen, "Mr. Hao is injured by a ashtray in Chongqing" that is for a typical case, it is also the case raises legal practitioners, theorists and media's discussions about tort of unknown inflictor. The various views and opinions make it a hot topic in the field of tort law. In most countries, the tort liability on the commitment is identified to two diametrically opposite ways. What essence these two kinds of differences have reflected? Which way is the best to solve liability on tort of unknown inflictor? The liability on tort of unknown inflictor can be established? It is a difficult area of tort law. Resolution of this problem is a process of interest measuring. Resolution of this issue both for the people who may be virulence or the victim as well as authority of the law all have a great value.Article is divided into four parts.The first chapter get a point that "Mr. Halo is injured by a ashtray in Changing" is a typical case for Tort of unknown inflictor while similar phenomenon also occur outside tall buildings through analyses and contrasts to several cases. Based on such premise, the author proposes that conducting system's research to tort of unknown inflictor is meaningful, then she analysis the concept and features of it. It builds the good foundation for following discussion.The second chapter elaborated Chinese and foreign countries'points and its reasons about tort of unknown inflictor, than she comes to whether in China or abroad, the treatment of this problem has two diametrically opposite points:point 1, this kind of loss should be shared by someone who possibly causes injures. Point 2, the loss should be undertake by victims themselves.Chapter III pointed out that the main reasons for the great differences of point 1 and point 2. From the macro point of view, it is because the conflict among value of the law; from the microscopic point of view, it is because the right conflict. Then the author analysis the reasons and solutions to these conflicts. The discussions above provide directions for solving the liability on tort of unknown inflictor. At last, the author measures interests of the two points and proposes point 2 which have a best social effect is the best way to solve the liability on tort of unknown inflictor.Chapter IV analysis the scholars'different viewpoints which recognized about liability on tort of unknown inflictor and point out the reasons why the loss should be shared by someone who possibly causes injures. Than she discuss the principle of accountability and constitutions of the liability on tort of unknown inflictor. Finally she points out the regulation of new Tort law about the liability on the damage caused by falling objects from tall buildings should be affirmed.
Keywords/Search Tags:tort of unknown inflictor, value conflict, right conflict, interest measure
PDF Full Text Request
Related items