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The Study Of Civil Liability Damage Caused By Friendship Behavior

Posted on:2015-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y DengFull Text:PDF
GTID:2296330431968675Subject:Law
Abstract/Summary:PDF Full Text Request
In the civil law academia, either outside or home, the study of friendship behaviorcausing personal civil liability damage is not deep enough. And rfiendship behaviorwith the characteristics of the social ethical itself. In the research on the problem ofthe civil liability damage caused by friendship behavior, we are otfen under theinfluence of local cultural background and legal tradition. In dealing with the damagecaused by friendship behavior, there is still no consensus on the civil liability issue.Due to our vast geographic, ethnic vairety, and obvious differences in local customs,the performance of friendship behavior rfom different areas apparently appears thecharacteristics of diversification and complexity. Injudicial practice, different regionsin the adjudication of different kinds of friendship behavior causing damage can notform a unified standard, which not only makes the authority of the law challenged, butalso makes the justice queried by the public.The law is not a panacea, and also cannot adjust all the social problems. Therefore,in the friendship behavior causing personal damage leading to undertake civil liabilityissues, we should ifrst discuss the basic properties of friendship behavior, on this basis,the discussion on civil liability for the damage caused by friendship behaviorproblems do means a lot. The purpose of writing this article is to conduct a completediscussion about the legal problems on friendship behavior on the basis of previousstudy, which can provide a realistic feasibility for the design of the relevant legalsystem of friendship behavior. The overall structure of this paper consists of ifve patrs.The first part is an introduction, which includes the research background of friendshipbehavior, the significance of the topic and the ideas, methods,as well as theinnovations of this research. The second part describes the basic theory of civil liability damage caused by friendship behavior. It gives a brief introduction on theconcept of friendship behavior, characteristics of friendship behavior, and the types ofcivil liability damage caused by friendship behavior. On this basis, respectively, itmakes a detailed analysis of the damage caused by rfiendship behavior leading toliquidated liability and the tort liability. In rfiendship behavior causing the damagecaused by infringement disputes, totr claims made basis for the damage caused byfriendship behavior, responsibility principle, constitute elements of tort liability,exemptions. The third patr of the article analyzes the current situation of the damagecivil liability caused by friendship behavior from three aspects, which covers civil law,the legislative level, and judicial practice. Then come to the fourth part of the paper.By the author of extraterritorial national systems introduction and assessment,thispaper discusses the development of vision and perspective from outside thetheoretical knowledge and research. So that we can get some meaningful inspirationand reference from it. Finally, this paper presents a proposal to build camaraderie ofthe damage caused by the acts of civil liability rules.Conduct of the parties rights and obligations of friendship of the legal professionshould be protected. Try to establish the compensation principles of damage causedby friendship behavior and relevant legal system. Due to the inadequacy of ability ofthe author, the study of civil liability damage caused by friendship behavior may needto be improved. At the same time, the author hope this article can attract the readersattention, and provide more assistance to the judicial practice.
Keywords/Search Tags:friendship behavior, special friendship behavior, infringement, legaleffect, damage compensation liability
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