Research In The General Article Of Tort Liabilitise

With the rapid development of Economics and Technology, people's awareness of rights has been increasingly solidified. Nevertheless, despite of its perfection, the laws always seem to be outrun by social reality. The General Article of Tort Liabilities defined from the perspective of fault-liability consists the features of generality, abstractness, inclusiveness and extensibility. It keeps the stiff articles updated with time, and is distinctively different from those commanding and instructional articles of general owing to its independent applicability. As The principle of fault liability have portrayed most tort relations in social life, simplified the legislation content of tort law, and played a significant role in coordinating the protection of equities and the freedom to act, victims require the doer to assume his tortious liability majorly according to the committed fault, which is also the critical criteria to decide whether the doer is hold responsible for his deeds. Therefore, the principle of fault liability, on one hand, meets the demand of The General Article of Tort Liabilities by being abstract, on the other hand, more importantly, fit in his role as an independently applicable law. But as for other special criteria of liability, such as non-fault liabilities and fault-presumed liabilities etc,only to be categorized. Also, due to the rigidity of the constitutive requisites, exoneration and quote obligation of these criteria, they demand to be explicitly stipulated by law, or otherwise upgrade the discretionary power of the judge, neither of which is in favor of protecting the victim's equities and the doer's freedom.The General Article of Tort Liabilities was originated from the 1382nd clause of 1804's French Civil Code. It covers up to 90% torts. Any deeds that coincide with the regulations and terms of this article can be charged as its basis of claim by the victim when seeking for succor. Nearly one century later, the German Civil Code went down the same road of generalizing tortious liability with difference in its typed cause of action. Three causes of action fall into different categories in application, so as to designate the doer's free space while protecting the victim's equities.In China, The General Article of Tort Liabilities is embodied in Paragraph 2, Article 106 of the General Provisions of Civil Law. Paragraph 1,Article 6 of The Law of Tortious Liability is the general article of tort liabilities. We adapt the Three-Step Method as the application logics, namely, to first determine whether the action falls into the categorized special torts, or otherwise define the impaired right to be statutorily listed, or, to consider the applicability of the General Article of Tort Liabilities and provide the victim with succor. On the last step to apply the General Article of Tort Liabilities, the judicial applier must consider its applicability, i.e. the infringer must have committed fault action, which has caused consequences of the damage. Causation must exist between the fault action and consequences of the damage. These applicable terms serve as the filter of The General Article of Tort Liabilities, they have protected the equities of the victims, ensured the doer's freedom, and moreover, restrained the fault actions and guarded the morality of jurisdiction.