Behavioral Presumed Theoretical Research

This thesis mainly discusses the behavior presumption theory on tort law which is spread from the perspective of the 87th article on Tort Liability Law of China. This paper discusses the above theme through comparative study, empirical analysis, the method of combining logic reasoning and with the order of analysis of the disadvantages in the traditional tossing tort theories and then raising, analyzing and solving them. This whole thesis is divided for four parts and the details as fellow.The first part discusses the new trends on the development of contemporary tort law and the basic characteristics of tort law after entering risk society .Then the paper makes the unknown objects tossing tort for the research model on article 87 on the Tort Liability Law of China and try to solve this kind of special tort issues in the framework of continental tort law. This thesis draws the conclusion that behavior presumption theory as an important principle of tort liability will play a very vital role in solving the disputes in academic and practical fields.As an important principle of tort liability, the analysis of the connotation and extension of behavior presumption theory exists significant meanings which decide whether it will be accepted by a wide range of applications. This part also differentiates and analyzes the theories between the causality presumption and behavior presumption and points out that the behavior presumption theory can exactly explain the tossing tort and other same kind tort behaviors.The third part is the heart of the paper which concentrate analyzes the legitimacy of the behavior presumption theory in nomology. The paper draws the conclusion that the legitimacy of the behavior presumption is mainly based on three principles: one for the risk of modern society and the common interests of society, one for the effective control of the social cost and the prevention of social security risk, the third one is the characteristics of property and compensatory of the civil liability and the last one is the nature of tort law which is a special law for assistance and compensation of losses for the victimsThe fourth part mainly focuses on the legal status about behavior presumption theory in tort law especially in the Tort Liability Law of China and the thesis puts forward two legislative modes for choice.The paper comes to conclusions in the end: As an important principle of tort liability which can effectively compensate the victims and balance the interests of two parties in "joint venture" field of tort behaviors and benefit to the development in tort law and the nomology.Its feasibility in practical field has new unique superiorities which can solve and prevent the appearance of totally new tort behaviors, Therefore behavior presumption theory in tort law is necessary and justified.