Research On Temporary Loss Of Mental Tort Liability

Temporary loss of mental tort liability reflects the special nature of the subject of responsibility, loss of mental stress that would have been an act of full capacity, because a certain situation, and it has no consciousness or had lost control of their actions Ability of this stage is precisely the loss of the stage of the violation occurred. Temporary loss of the main aspects of mental infringement and loss of specificity to distinguish between mental infringement; other actors in the implementation of the act without consciousness or the mind completely out of control and infringement and has some differences. Subjective elements in the form, the temporary loss of mind is a special tort of infringement, the state starting from the subjective activity can be the perpetrator's subjective state is divided into three stages (1) actors stage before the loss of mind; (2) the perpetrator after the loss of mind when the stage to the implementation of infringement; (3) The perpetrator acts of infringement after the stage. The first phase of the depth of analysis can take a temporary loss of the subjective aspects of mental infringement special.Tort Liability of the main principle of fault liability principle is the principle of no fault liability and equitable liability. In the temporary loss of mental tort liability found, it will conduct two types of human behavior into a class act who is there for the temporary loss of mental mistakes; the other is the perpetrator is not at fault for the temporary loss of mind. When there is fault of the perpetrator can be directly applicable to the principle of fault liability, and when the perpetrator is not at fault does not necessarily apply to the principle of fair and responsible, instead of using the waiver of liability and responsibility and with the principle of fairness, according to the economic situation of the perpetrator given appropriate compensation.