Friendship Behavior Tort Liability Research

Friendship behavior is a kind of behaviour which is outside of the law and do not form the rights and obligations relations in civil law. To judge a behavior whether can be regarded as friendship behavior, we should judge from the constitutive requirements of friendship behavior. If we study the properties of the bond behavior cannot leave the friendship behavior, compared with the relevant legal system. Comparing with the relevant system, we can have thorough understanding of the nature of friendship behavior and understanding. System is not pure friendship behavior theory, its existence has its own value, and the establishment of the friendship behavior system is conducive to resolve the conflict between litigation right protection and judicial power configuration, is helpful to coordinate the relationship between the state intervention and private autonomy. Friendship behavior itself does not form the relationship between rights and obligations on the civil law, but friendship behavior can be used as a "medium" cause other civil liability. Friendship behavior can cause tort liability, because friendship behavior can arise between the parties in a duty of care. The generation of duty of care is established on the basis of certain basis. Friendship behavior between the parties to produce the basis of a duty of care is mainly faith relations, the leading behavior. The main types of duty of care which is cause by friendship behavior are security attention obligation, rescue, control of obligations, the obligation of warning. Friendship behavior constitutive requirements of tort liability is different from general tort, mainly displays in the imputation criteria, causality recognition. Friendship behavior under the tort liability is a kind of fault liability compensation liability, the victim’s consent and the tort liability is unwilling to risk friendship behavior of common ground of relief. Kindness aboard, drink alcohol, travelers can travel more friendship behavior occurrence dispute is practice. These three kinds of friendship behavior caused by the tort liability has the characteristics of the typicality and universality. Through the commonness of such infringement; able to provide guidance to solve this dispute.At present, the study of the theory of the tort liability for the friendship is not much and in the legislation also is still blank. So first of all, it is necessary for friendship in the future legislation behavior to make a clear positioning in the civil law general principles, Secondly in tort make friendship behavior can be specified as a special tort, For your kindness on behavior of tort liability, because with the road traffic safety accidents are closely linked, can directly be included in the "law of road traffic safety".In friendship behavior tort liability of judicial judgment, the judicial organs to correct definition of friendship behavior and responsibility to relieve the two problems. Friendship behavior of defining the relationship between the judicial wellhanded problem of intervention of civil society, responsibility relationship between the result of the judicial referee fair.