Civil Liabilities Of Jurisprudence Thinking

The coincidence of civil liability,as a branch liable coincidence, is an important phenomenon in the field of civil liability law. Its development is always companied with the evolution of social relations that the civil law wants to adjust, these relations couldn' t appear clearly as the legislators wish, so it causes the conflicts and coexistences of the civil liability. And this kind of conflict has been existed as a question for study. It is the result of strengthening the people's right and law sense and also the practice of legislative purpose that to protect the person's legal right.During hundreds of year, the private right social has being developed with the civil liability coincidence, And the law scholars put forward three schools to standardize the coincidence that is "coincidence of articles of law", "free coincidence of petition right's and "standardized coincidence of petition right". Studying the three schools, people make three judgments about the legislative policies in different countries : Firstly, to prohibit coinciding, secondly, to allow coinciding, thirdly, to limit but allow coinciding on some condition.This paper, adhering to the compromise of jurisprudence and the reasonrabilities of regulations and discussing the historical reason of that the coincidence of civil liabilities came into being, rebuilds the coincidental standards. The author afforms the different schools' reasonrabilities and reviews their shortcomings deeply. On the base of it, he advances and proves an adoptable school "elective coincidence of petition right". When the coincidence of civil liabilities happens, the victim has the right to litigate the man who victim and asks him be responsible for either histort or his default. But you should know the man couldn't be responsiblefor both at the same time. That it is. According to its quality, this kind of right should belong to material law. According to its construction, its is based on continental law system. This paper makes the traditional petition theories of continental law system as basement and combines the advanced theory of English - American law system such as relief before right. The author puts forward some new ideas and hope these ideas would make several contributions to the development of our country' s legislation.