In Tort Law, The Fault Of The Problem Studied

Fault in tort law is a core concept, the concept of the whole theory of tort law and tort Legislative System plays a decisive role, however, China's legal circles about what is wrong and how to identify the fault does not reach a consensus, which to some extent affected the tort system to structure the responsibility principle, but also to tort liability law bring a lot of confusion in judicial practice, this fault in tort law the title of the concept of fault and the fault system to determine standards to provide a reference for the judicial practice.The paper is divided into a total of four chapters.The first chapter is the principle of tort liabilities and the fault, first elaborated the concept of the Principles of Responsibility, and the French and German civil law and common law principles of liability related to the national legislation of a brief introduction and assessment, and secondly, discusses the principle of imputation system, the existing theory (monism, dualism and ternary theory) are introduced and assessment, and on this basis the author himself put forward the principle of Responsibility System in China's position. Finally analysis the fault system in the position of responsibility principle.The second chapter is the concept of the theoretical analysis of the fault. First, from the psychological point of view the concept of decomposition of the fault recognition process, will process and emotional process in three stages; Second, from the relationship between the fault and negligence, fault, unlawful sexual relations and behavior as well as civil wrongs, criminal guilt and the relationship between the three aspects of the concept of fault analysis on the law.The third chapter is the fault of the constituent elements. The paper advocates illegal acts of the fault and phase-separated on the basis of the view that the fault of the main elements and subjective elements include two aspects.The forth Chapter is criteria for the fault. The concept of fault and fault criteria are two different issues, although the concept of fault analysis, fault with the behavior persist in this illegal Phase separation point of view, but the fault of the judge, still adhere to a combination of subjective and objective point of view, from the main standard, object criteria, subjective and objective criteria were identified in four areas.