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Tort Liability Act, The Constitutionality Of Explanation

Posted on:2012-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q N LvFull Text:PDF
GTID:2216330338450191Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the worldwide development of constitutional theory, the effect of basic constitutional rights have been extended to the private law fields, especially in the field of tort law. Judicial practice at home and abroad there have been many difficult cases of violations, many of which involve the influence of constitutional rights to Tort Law. The interpretation of the constitutionality of legal interpretation as a new method, its use can better deal with the problem, which in theory at home and abroad and judicial practice are well documented. In particular, our country has just issued a "Tort Liability Act," the Ministry of laws against the provisions of settings and difficult cases that arose in practice and strengthen the use of constitutional interpretation to better handle disputes, and promote the implementation of Tort Law.This article describes the issue is divided into three chapters: The first chapter introduces the interpretation of the constitutionality of a few basic questions. Respectively, the concept of constitutional interpretation and the right interpretation of the issue, a constitutional interpretation of fundamental rights and constitutional validity of the relationship between private law and constitutional interpretation of the nature of the problem are described. The second chapter on the necessity of interpretation of the constitutionality of the highlights. First of all, respectively, from comparative law, the system, the value of the interpretation of the constitutionality of aspects of the civil law applicable in need; second, respectively, from the social function of tort law and tort law in general terms to explain aspects of the constitutionality of in tort for the need.The third chapter discusses the interpretation of the constitutionality of tort law that should be noted that a few questions. One application of the principles of constitutional interpretation and constitutional interpretation applies, specifically, how the interpretation of constitutional interpretation, and the interest should be paid attention to measurement issues are described.This article discusses the author proposed that superficial understanding of their own, hoping to initiate the role of tort liability in order to be able to interpret the constitutionality of the law used to provide some reference.
Keywords/Search Tags:Tort Liability Act, constitutional interpretation, general terms
PDF Full Text Request
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