Dialysis From The Case, Liability For Breach Of Competing With The Tort Liability

Breach of contract and tort liability are two types of modern civil law, basic civil, China's "civil law" specifically a "civil liability" chapter, the two types of civil liability provisions were carried out, but here only for the general provisions of the abstract. As the complexity of civil relations, the nature of the multiplicity of civil offenses, which in practice will inevitably occur two types of responsibility are often competing phenomena. As the breach of contract and tort law, there are big differences, so the responsibility of the different options for both types will greatly affect the rights and obligations of the parties. In other words, is brought under contract law, breach of the complaint, or brought under tort law tort action which will have a completely different legal consequence.This paper will attempt to a more typical case for the entry point, a comparative study, theoretical analysis and empirical case method of competing for the two categories of responsibility of the characteristics, causes, related theory and processing mode, the system concept of such defects and improved area for more in-depth exposition and analysis. First of all, a clear responsibility at home and abroad competing on two main features, causes, related theory and treatment in the more common view, and then combine the legislative and judicial practice in China, analysis of competing system has the main responsibility for defects, on this basis Some put forward the legislative and judicial suggestions of improvement.