Attention Obligations In Negligent Infringement

From the historical development of the common law and civil law of tort law, the duty of care at each stage of development of tort law is determining whether or not the measure of fault. Because tort legislation in China started relatively late, relatively weak legal basis, from our point of view the existing law, the lack of a clear duty of care in tort negligence, specific provisions. However, with the development of social economy, a lot of negligence tort cases continue to occur, but also because of the statute of the lag has led to non-uniform application of law on judicial practice, so the introduction of the duty of care theory and the imminent construction of a duty of care system. In this paper, starting from the provisions of the existing duty of care negligence tort laws, by analyzing the study two legal duty of care mature system, absorb and learn from one of the beneficial results of the duty of care which the theory of tort law system integration and build suitable for China duty of care system conditions.This paper is divided into four parts altogether, comparative research methods research, historical research, and economic analysis of tort duty of care in negligence were elaborated. The first part describes the overview of the duty of care, including the concept of duty of care, characteristics, origin, followed by the introduction of the UK, the US, Germany, France, the duty of care on the historical development of tort law. The second part focuses on the two legal questions about the criteria of duty of care. Anglo-American law, the duty of care to determine the presence or absence of standards, including neighbors, predictability, and public policy considerations; on a standard to determine whether a violation of duty of care, the use of the "reasonable person" standard and risk test( "Hand formula "). Civil judgment duty of care based primarily on the presence or absence of a standard statute, common law, and so on; the standard to determine whether a violation of duty of care is quite similar with the "reasonable person" standard Anglo-American law, is primarily a person or society in general objective standards of behavior of ordinary people. The third part focuses on the duty of care on our legislation and doctrinal. The fourth part focuses on how our tort law duty of care to introduce the theory and construction problems duty of care system, the task to make a few unwritten recommendations to the Supreme Court for the future introduction of "Tort Law" judicial interpretation and legislature to develop a comprehensive science Civil helpful.