On The Tortious Liability Of Omission

In recent years, with the increase of cases of tortious liability of omission, this problem arouses people's attention in the real word. Tortious liability of omission refers to the liability caused by omission, which has acting obligation. In history, for reasons of society, philosophy and law, actors don't need to undertake tortious liability for his omission, but with the development of society, the rules of no obligation are limited repeal. Thus, it enlarges the protections of victim and develops the protections and reimbursement of tort laws. At present, the study of tortious liability of omission has been extremely urgent, although there are relevant provisions of tortious liability of omission in the< Tort liability law of the People's Republic of China>, which has not clear the articles of tortious liability of omission. We will find that there is only embodied in the general clauses of tortious liability and the relative provisions of civil obligation. Therefore, the author discusses the tortious liability of omission through from theoretical research to practice problem-solving, uses the methods of historical Analysis, comparative analysis, exemplification analysis, and the like.This dissertation consists of four parts.In part one, the historical development of tortious liability of omission. This part interprets legal root of tortious liability of omission's generation in science. Furthermore, it analyses the history of tortious liability of omission and summarizes the tracks of history from from ancient times to the present.Finally, it concretely analyses the development tendency of tortious liability of omission in the future and then confirms the development of enlargement and refinement of tortious liability of omission in the current social. This is about the problem introduction of tortious liability of omission.In part two, the comparative study of tortious liability of omission. The civil law of different countries has two statuses--tort law mainly and contracts law mainly, which have these as a background to systematic comparative study. It summarizes the different and connection of the tortious liability of omission in different counties of these two status. It can clear the quality to trade-off, which is useful for conference about how to perfect tortious liability of omission in our country.In part three, the theoretical analysis of tortious liability of omission. The tortious liability of omission has been discussed about legislation defining, applicable scope and criterion of liability from theory. Priority analyses the problems about definition of "omission", source of acting obligation and doctrine of fault liability. Author considers that the existence is decisive for the establishing of tortious liability of omission. The contract agreement isn't the real source of the acting obligation.Moreover, the good faith can be the source of the acting, but it has some limit. Meanwhile, the infringer's mental state of intent and fault all can cause the tort liability of omission.In part four, the legislative improvement of tortious liability of omission. Every country has been used general provisions and limited classifying in the tortious liability of omission, it is a trend. For china,<Tort liability law>has already been passed, but it has not stopped about perfecting the tort liability of omission. In the future, the<civil law> can divide the tort from behavior model, which can make up for weak< Tort liability law>. Similarly, the formation of infringer liability will be also cleared, which includes direct liability and vicarious liability of no third party intervention and supplementary liability of third party intervention. Accordingly, constructing the system of the tortious liability in our country.