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On The Number Of People With No Means To Contact Infringement

Posted on:2006-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:C R LuFull Text:PDF
GTID:2206360182477082Subject:Law
Abstract/Summary:PDF Full Text Request
The tort law is a very important part of civil law, which is also a legal weapon of protecting civil rights of citizens and legal entities, punishing illegal acts, and promoting the progress of culture and the development of society. With the progress of society and the development of science and technology, the contents of tort law and the classifications of tortious acts have been changing constantly. In modern society, rights and interests of people are easily be infringed by other people's acts for the frequent communication between one another. For instance, the third body is injured of collision of two cars, or several companies manufacture products by counterfeiting trademark of others, which leads to great economic loss to the company who owns the trademark. The above-mentioned cases are called tort without contact made by several people. That is, several actors, whose acts combines by accident, do damages to the injured without contact beforehand. Tort without contact made by several people is a special form of tort, so there are different opinions in academic circle. In judicial practice, the Explanation of Applying Law in Trial of Personal Damage Cases of the Supreme Court made regulations to the problem, but the use of "direct combination" and "indirect combination" made the concept of tort without contact made by several people more abstract. So the article is to give the definition of tort without contact made by several people, try to inspect the form of it at an angel of damage, discuss the reasonability of assuming responsibilities for several actors and the easy operation in judicial practice.The article is to be divided into five parts. The first part is to give the definition of tort made by several people without contact beforehand, and analyze its general elements. In the second part, the author differentiates several similar torts, with which tort without contact is easily be confused. The third part is to make research on legislation and prejudications of foreign countries to reach a conclusion that all countries make the actors assume related responsibility at the angle of protecting the injured. The forth part is to review the current situation of research on tort without contact by analyzing different doctrines. In the last part we can find the author explains the form of tort without contact at the angel of damage, and make analysis and demonstration on responsibilities that are assumed by several actors.
Keywords/Search Tags:without contact, tort, joint tort, damage, responsibility
PDF Full Text Request
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