On The Fault In Tort Law

Since the doctrine of fault liability became the basic imputation principles of Tort liability, fault becomes a key concept in Tort correspondently. The reasons are that in tort fault is regarded as both the causation requirements and the absolute requirements for imputation in fault liability, and fault is also an important ground in defining the doer's scope of liability. However, General Principles of Civil Law which is an important legal source for the present tort doesn't define this important concept clearly. Thus this causes endless disputes among scholars and uncoordinations in legal practices. Therefore it is necessary for us to discuss the important questions of how to define fault and how to judge fault in practice to obtain unified understanding and detailed regulations of fault and its judging standards in future Torts law and thus better defend the legal unity.There are five parts in this thesis to study fault in the Torts law.The first part studies the value, the function and the relationship between fault and imputation principles of the Torts law. In this part the author first analyzes the relationship between fault and value in the Torts law. The author thinks that fault should well coordinate the interests of personal freedom and social security as well as achieve the value of justice in the Torts law. Then the author analyzes the relationship between fault and function in the Torts law. On the basis of the assumption of the multiple functions of the Torts law in the present stage, the author thinks that as the core causation requirement of the Torts law, fault must represent the multiple functions of the Torts law. Finally the author analyzes the relationship between fault and imputation principles.The second part analyzes the concept of fault using the method of comparison. The author analyzes fault from the longitudinal perspective and the crosswise perspective. First of all, the author studies the history of fault in the longitudinal perspective and introduces the emergence and developments of fault. Then the author comparatively analyzes the regulations of fault in the present Torts law in the major countries of the worldPart three is the theoretical analysis of the concept of fault. Firstly the author analyzes the concept of fault philosophically. The author discusses and studies the theory of subjective fault on the basis of reasonable philosophy and the theory of objective fault on the basis of the positivism philosophy. Secondly the author analyzes the concept of fault from the legal perspective. The author mainly discusses the relationship between fault and unlawful acts, the relationship between the tort fault and the criminal fault and the...