Infringement Fault Criteria

The Tort law is related with people's life and production activities ,with the economic development , interpersonal contacts are increasingly frequent and increasingly complex, inevitably lead to violations of the law applicable in the field of growing up. Modern fault tort theory that the people are not active in the course of implementation of the act is not careful and cautious all the acts must bear the legal responsibility, even if the acts causing suffered personal or property losses, unless the perpetrator in the act to assume corresponding obligations to the victims. The central point is that the perpetrator to the victim assumed fault request damages based on the core responsibilities or real perpetrator is under a fault (at least negligence), and this fault (negligence) and the meaning of the standard of judgment is not a traditional theory that fault subjective mental state, but a judgment standards of objectivity, is a violation of the perpetrator acts with the victim to the attention obligations.Around this central point, this article is divided into four chapters three studies:The first is the traditional fault theoretical overview. The first responsibility of the historical evolution from fault with, and locating fault trend to illustrate the theory of objectivity fault increasingly important. At the same time, this is the fault of the traditional definition and form a conclusion, and listed a different character perspective fault factions to the dispute. First introduced mainly to the following critical for her.The second aspect is the core content Take part overview of the subjective fault theory is the theoretical level from the traditional fault theoretical and practical levels criticism that such theoretical defects, and then makes a point of objectivity fault theory, the adoption of two major areas of tort law perspective contrast, the theory that objectivity fault advantages. At the same time, this clearly presented in this part of the center point : no criteria for determining the objectivity of non-attention to obligations on the kinds of obligations does not apply to situations and circumstances introduced. In the third, fourth part, on the objectivity of this fault with the present with an argument between sexual made their views. Finally, this center provides a comprehensive view of the concluding statement, "the criteria for determining the fault of fault definitions, forms out" this part of the aggregation, this article...