On The Definitional Issues Between Fault Liability And Strict Liability In Tort Law

In the traditional view, there are many differences between faultliability and strict liability in tort law. With the continuous expansion ofstrict liability, the traditional differences between fault liability and strictliability have been challenged dramatically. Facing the challenges, both ofthe two major legal systems have taken measures in the legislative andjudicial practice to perfect their tort law, meanwhile the scholars have alsomade their own insights. Points of departure from the traditionaldifferences of the fault liability and strict liability, reviewed the course ofthe transformation and expansion of strict liability, summed up thechallenges of the traditional differences between fault liability and strictliability, compared to the recent definitional way of fault liability and strictliability. At last, we discussed the boundaries of the fault liability and strictliability in our tort law and point out its perfect ideas.The dissertation consists of three parts including introduction, bodyand conclusion. The body of dissertation is divided into four chapters.Introduction draws forth the topic of the dissertation by real cases,and gives a necessary account of research background, significance,methodology and study paths.Chapter one mainly discusses the traditional differences betweenfault liability and strict liability. It makes an analysis of the value functions,responsibilities elements, the legal effect and the legislative status, sortsout the traditional differences between them.Chapter two mainly discusses how the expansion of strict liabilitychallenges the traditional differences between the fault liability and strict liability. First of all, we review the transformation and expansion of strictliability. Then we make a research on the challenges from value functions,responsibilities elements, the legal effect and the legislative status.Chapter three mainly discusses the recent definitional issues betweenfault liability and strict liability. The article has examined the legislativeand judicial reform of the civil law and common law countries to clarifytheir attitude on these issues and how to build the open system of strictliability.Chapter four mainly discusses what the differences between faultliability and strict liability is in Chinese legal system. The article hasinvestigated the relevant provisions of the "General Principles of CivilLaw","Tort Liability Law" and other laws and regulations, has clarifiedthe basic attitude of our tort law points on the definitional issues of thefault liability and strict liability. By modifying understanding of tort lawand actively exploring the local legal resources, the article has proposedthe idea of how to build the open system of strict liability in China.The dissertation ends with conclusion, which summarizes the mainpoints of the whole dissertation.