On The Principle Of No-fault Liability In Tort Law

Seventies and eighties of the nineteenth century, the Course of human events has been stepped into a higher level, the reason of that was the original basis of productive forces and production relations were changed by the rapid development of science and technology; the difference that was the risk factors will also be involved in all aspects of human life by the benefits of unprecedented industrial society, This situation will take the hunman society into an unsafe environment. In modern times, the principle of no-fault liability has been widely applicable, the cause lies in the fact that some specific infringement acts has been Non-manipulative and haven't permitted by the law, if the principle of no-fault liability was to be widely used, would have to been lead to unfair,in consequence of that, the principle of no-fault liability have been accepted generally.Most of the infringing activities are sudden event which happened will not be expected by the party. So that, When the tortfeasor with the subjective has intentionally or negligently,in this circumstances, only that we should to be investigated for legal responsibility. Our country in legal Provisions about no-fault liability were in the General Provisions of the Civil Law or another special legal provisions, "Tort Liability Act" was issused on 26 December 2009, there were some differences of the provisions between the General Provisions of the Civil Law and the "Tort Liability Act", in fact, reflected that our Legal Studies has been gathering strength on the principle of no-fault law. "Tort Liability Act" has been promulgated, however, the controversy of the principle of no-fault between the theory and the legislative body has never stopped for the past many years, which can make a big difference to a understanding and using of the principle of no-fault liability on the person between the judicial and the executive. The main idea is:To research the reasons of the principle of no-fault in the area of the civil tort, by the attitude of the mind which is the atomism and the praktik; to represent the principle of no-fault liability in the domestic and international area of the civil tort, by the consolidated research methods as enumeration classify and comparison; from that lead the reader to think about the question of the principle of no-fault liability. I believe that, the principle of no-fault liability as a kind of special principle of independent tort, can be allowed to use which under the environment of the special provisions in the law, and the tenet is how to make up for the loss rationality, play an important role in "Tort Liability Act".