The Expert Studies, Third Party Liability

Along with the social division of labor in society is refined, the experts'function becomes more important, professional liability became a hot topic in recent years, the scholars related to the topic in their Draft of Civil Law. The profession liability to the third party is the key and difficult problems in the professional liability, therefore, it's necessary to analyses the profession liability to the third party, is not only the needs of the development of industry experts, but also is the inevitable requirement of social reality.This paper starts with the experts on the general theory of third party liability issues, then expounds the rationality of the existence of this system, using the method of comparison, and investigates which position of the institution in two schools, and through analysis of the current enacted law of tort liability framework that is more suitable for the type of the legal system and the judicial practice. Then this paper also discusses the constituent elements and accountability issues of the profession liability to the third party. Finally, suggestions on the draft civil code in the analysis of the system in the draft is proposed, based on the design of the system construction of some suggestions.