| In the rapid development of the modern society, people pursue an amicablemutual social and mental States, this pursuit and become the modern tort law is notthe emergence and development of the tort system necessary for spiritual reasons.Tort law not as a mode of infringement is a passive form of infringement, as anascent forms of infringement, and not as a tort theory, legislative and judicialcontext where there a lot of premature, at the theoretical level has a great deal ofcontroversy, in practice there are many difficult issues. Study on these issues, andwould further contribute to solve infringement disputes, guarantees freedom ofpersonal and property rights and private law.Through campus with type specific cases of tort, trigger a series of omissions intort theory in tort law focus,Through the circumstances of the case and the courtfined for brief descriptions, reality presents three of the cases are not as contentiousissues in tort theory, thus giving rise to these three focal points of research anddiscussion.To research not as a violation, must first clear definition of tort law as a tort isnot in, we undertook a series of theoretical analysis, In understanding not asinfringement acts profile Hou, respectively from how differentiates infringement lawin the of not as infringement acts and as infringement acts, and infringement law inthe of not as infringement acts and not as, and infringement law in the of not asinfringement acts and criminal in the of not as crime acts, and infringement law inthe of not as infringement and administrative law in the of not as acts four a aspectsfor contrast, thereby clear infringement law in the of not as infringement acts andother similar like concept of differentiates boundaries.Not as core elements of tort theories are a particular obligation, tort law is notas a source of obligations in tort and liability issues are important aspects of research as a tort theory, This section focuses on some of the more typical not as types of tortas a source of obligation, the obligation, responsibility and obligation sourcedifferent morphological variations to articulate.Tort law as a tort does not in principle and the distribution of the burden ofproof is not as part of a clutter in the tort theory, This paper discusses the general tortand comparison of several common special tort not be summarized as a tort type, andon the basis of imputation principles for analysis of application problems. |