A Study On The Omission Tortuous Liability

Our main law concern is the existing law as tort liability, while not a little concern about tort liability. With the growing complexity of social relations, is not emerging as a new theory of infringement cases to the community a new problem, which makes the research is not as tort liability has a practical significance. Most modern countries are divided into acts and omissions of abuses, China is no exception, this division will not only show that from the perspective of behavior is not as tort liability, but also show that the distinction between tort and not as an infringement as it is necessary The. Not as a person under circumstances which do not bear tort liability, as is the country faces two legal theory and practice problems. To overcome this problem, two legal systems in different countries for a solution, the German civil law countries break through the traditional doctrine of the Law of the creation of a communication security obligations, as the obligation to extend the scope of the Anglo-American countries have established a negligence tort the duty of care to consider the special relationship between the parties, the accident location and other factors to be identified. Although the civil law theory of communication security obligations and common law duty of care is similar between the relationship between abstract and concrete, but both have expanded the scope is not as tort liability, the expansion as a source of obligations. Civil law countries of the fault criterion used the "good father" standard, and common law countries, the standard used to judge the fault is a reasonable person standard, comparatively speaking, more scientific and reasonable person standard concrete, more attention consider the perpetrator's age, occupation and other circumstances, the standard of our obligation to determine as a positive reference. In common law countries, the scholars of the "Good Samaritan" theory launched a fierce debate, no conclusion, but the provisions of its criminal law and maritime law can be seen, the general civil legal aid or duty has been recognized or less worthy of reference. The development of any kind of legal system, not only the urgency of practical needs, but also need to support the theory, not as infringement because of its specificity and has its own unique theoretical foundation and dangerous principles of control theory and the theory of reasonable reliance is not a tort behavior provides a theoretical basis. Not by comparing our two legal systems as state tort liability system and not as a tort liability system and the study of law as the tort liability is not the type that is not our system of tort liability, as there are some problems in the existing theory, as an obligation only from the law, and the first acts of the contract, with the development of society, it can not meet. the needs of the community. Chinese Civil Law did not provide for the general obligation of civil relief, Stone said that, when the rescue people in danger and need of assistance, the relief person who refused to help, is not a tort does not assume responsibility. Obligation to the criteria as a single, our law only provides some of the facilities and equipment safety standards and fire safety standards, but not according to the different groups and different occupations or industries as the obligation to determine the different standards. In response to these problems, should be combined with China's reality, by drawing on two legal concepts and the national advanced legislation to improve our legal system, not as a tort liability system.