Tort Law Efficiency Value Mechanism

The article mainly discusses the value and mechanism of Tort Law. In order to account for the issues, the article is expound through three sections: preface, principal part and conclusion. The preface consists of two parts: the first one introduces importance of Tort Law, significance of understanding value of Tort Law and principal viewpoints that the value of Tort Law lies in promoting social efficiency and the mechanism of Tort Law should be constructed on the basis of the value; the second one introduces the logic of article, the arrangement of contents and the methods of demonstration. In the principal part, the viewpoints are argued why we consider that promoting social efficiency is the principal value of Tort Law and how we reconstruct the mechanism of Tort Law. The author argues that most of tortious conduct happens that goes with legal conduct and the burden of compensation suggests that lawmakers accept this kind of tortious conduct in the limitation with reason. The theory of punishment and theory of compensation can't catch the soul of Tort Law. Tort Law could induct actor to manage to prevent harm by means of compensation while set a limit to cost of prevention in order to encourage actor's creativity. Basing on the value of Tort Law, the author insists that the scope of compensation depend on the scope of harm and punitive damages be exceptional; that illegitimacy in the Tort Law be conduct which violates duty of care and the standard of fault be objective not subjective; as to theory of liability, the author considers that the liability of fault be a basic principle and that the liability without fault be limited to the particular range. The author emphasizes that liability of equity in the civil law of china is against the value of Tort Law. In conclusion, the author sums up the fundamental viewpoints of the thesis and makes some explanations in order to avoid misunderstanding which is maybe caused.