On The Structure Of The Commonality Of The Common Violations

Common violations constitute elements of commonality , my great controversy exists in the civil law scholars, common fault that the main subjective and objective conduct that common, compromise, several said, supreme People's Court is also to make a special form of judicial interpretation.Through assessment and found their pros and cons,the reason is that, in the balance between the interests of victims and perpetrators, have chosen the interpretation of varied considerably.Comparative Law, a common trend ,is the common violations found, from the subjective to the objective common fault gradual development of common practices, especially in should implement the principle of no-fault liability environmental pollution, product liability, traffic accidents and other types of cases, the performance more prominent.In other words, through the "commonality" relief explanation, easier to identify common violations,for the victim to provide the best relief.Common violations constitute a theoretical development is the evolution of attribution principles come.Tort law principles of attribution results from the responsibility to the responsibility of a single fault, to fault liability, no-fault liability, liability and other liability, the fair diversified model ,directly lead to any kind of a theory, it is difficult to adapt to different imputation principle of all the different types of cases. Violations of the principles of attribution in different application areas are divided into special and general tort violations, common violations of the principles of attribution also be different application areas are divided into general and special common violations of common violations, and the type of research conducted, with a view to a different theory to different types of specific cases.Fault liability as a basic attribution principles of modern tort law,with the conduct of free, promote economic development and social security, and other...