Study On Tortious Liability Of Mission

Historically, due to the influence of social attitudes and legal traditions, not astort need to bear civil liability undergone a process of change and development.Initially not as the behavior does not bear tort liability. However, with the change ofsocial development and the constant improvement of the law, people started to payattention not as a tort, development omission view of the limited liability. Especiallyin recent years, a large number of infringement cases occurred in the number ofinfringement cases involving omissions is the growing number. This is more iscertainly not as an infringement of the expansion will be a new development trend.Can be found by studying about as tort liability law and doctrine, the existingsituation is not sufficient to explain the continuous development of omission. Asinfringement cases occurred in real life, not only the number is increasing, its type isincreasingly often encounter problems in the process of judicial practice. Does notexist as tort liability issues, we delve into the basic theory of continuous development,looking to solve the problem, which is the purpose of this paper is to study the power.The article will use the system analysis, documentary research, empirical analysis, notas tort liability theory to analyze the combination of foreign tort liability on omissionsof the status quo, to benefit from the advanced experience of the last proposed as tortliability perfect insight.This paper is divided into four parts in addition to the introduction andconclusion. The first part, the definition and delimitation as tort liability, itspreliminary understanding. Then from the point of view of the theory of thephilosophy of law, economics, sociology, deeper explore not as the theoretical basisof tort liability. The second part, the core theory of tort liability is not as relevantresearch, in order to form a more comprehensive understanding. Including as tortresponsibility, and accountability, as obligations. The third part, comparison of thetwo legal system countries not as a tort liability system, this analysis and summary toexplore the significance of the reference. The fourth part, the legislative status quo ofour country is not as tort liability organize and analysis. Finally, the mode of our country is not as tort liability should be taken, and the combination of general termsand types of provisions. And further model put forward a concrete idea.