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Added Tort Liability System Research

Posted on:2014-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhangFull Text:PDF
GTID:2256330401470872Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Using system analysis method, the paper analyzes the definition of the tort supplementary liability system and content of the system. The added responsibility of infringement is a new form of responsibility. Still we think the cause that we cannot give a widely accepted definition is the development and changes of economic and social conditions. After combing the content of the system, I try to improve the system’s inadequacies.This article is departed in four parts, the first part, paper summarizes the emergence and development of infringement supplemental liability and analyzed the content and features of the system, pointing out that the added responsibility of infringement is a new form of responsibility. Involved in the infringement of other, we use it to solve the problem of the main obligations omission responsibility. The second part describes the theoretical basis of the infringement supplemental liability system, The new system solve the plight of the judicial application of new cases of frequent infringement supplemental liability system, improving the system of tort liability system, taking into account the value of fairness and justice. The third part discusses the content of the added responsibility of infringement, it includes the Constitutive Requirements applicable circumstances and specific analysis of the controversial case, the scope of compensation, and the recovery problem. The fourth part is about the Legislative Perfection of infringing added responsibility. China’s current "Tort Liability Act" in relation to the infringement supplementary liability system is still the place of fault, combining with the draft judicial interpretation of the relevant recommendations of the "Tort Liability Act", the author proposes some perfect advices...
Keywords/Search Tags:Added responsibility, causal relationship, Claims for damages, Theinfringement
PDF Full Text Request
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