Special Tort Liability In General Terms Of Research

With speeding pace of formulating civil law, most scholars shift to research individual part system of Civil Law. Among those research subjects, Part Act for Tort also is a important or heating point. Besides some disputes about whether act for tort should be a independent part, an important issue is how act of tort should be specifically provided. In latter issue, it is the most important point for general provisions about liability for tort while disputed. During collecting data, author found that scholars always mainly study how to build up general provisions of liability for tort and neglect to research essential characteristics of liability for special tort and general provisions of liability for special tort. Consequently, general provisions they generalize discount greatly.Author argues that legislation about liability for tort should have provisions about liability for special tort. It is inevitable to study characteristics and category of liability for special tort as long as liability for special tort needs to legislate. In author's point, by way of historical and generalized means, value of liability for special tort had been found indeed. This kind of value has its independent position which differ form general tort liabilities, i.e. system of liability for special tort has its own essential and specific characteristics. As a result, it is very meaningful to study general provisions of liability for special tort.Author studies general provisions of liability for special tort by philosophy contrast and analysis means, and anticipates helping structure of system of Civil Law which is formulating.This essay is expounded approximately 35 thousand words. Besides introduction and conclusion, this essay contains five parts:Part I discusses meaning of general provisions of liability for special tort. This section mainly includes three pieces. Firstly, author defines notion of general provisions of liability for special tort to limit discussion scope. Secondly, its basic of theory is explained. In the end, its meaning is studied.Part II studies norm of legislation about general provisions of liability forspecial tort. In the section, in order to make preparations for the following discussion, author studies norm of legislation of civil law system countries, for example, France German and Holland etc, and analysis circumstances and basis of philosophy which cause its produce, and effect of different norm in different circumstances.Part III specifically studies contents of general provisions of liability forspecial tort. By realizing what its contents should have rational judgment can be concluded to which legislation norm should be adopted about general provisions of liability for special tort. Moreover, analyzing contents of general provisions of liability for special tort needs to study essential characteristic of liability for special tort. Therefore, this part studies characteristic of liability for special tort by mainly using historical and analytic means and concludes what contents general provisions of liability for special tort should have.Part IV continues to study contents of general provisions of liability for special tort and studies ties between responsibility for risk and liability for special tort. Author argues that responsibility for risk is a kind of responsibility among liability for special tort. Its distinctive characteristics are liability without fault. When general provisions of liability for special tort is stipulated in legislation, it is necessary to regulate general provisions about responsibility for risk.Part V studies specifically structure of general provisions of liability for special tort. This essay provides theory supposition of double-structured which centers doctrine of liability fixation. This part contains three sections. Firstly, author analyses comparatively three kinds of legislation norm by using a standard that characteristics of liability for special tort can be demonstrated. Secondly, this essay provides theory supposition about general provision...