The Responsibility Analysis Of The Damagecaused By Friendship Behavior

Friendship behavior has deep historical and cultural soil in China.It is generally believed that Friendship behavior be longing to social behavior, is conducted by ethics regulation, which is outside the legal aspects and the act itself does not produce legally binding. However, the cases because of the friendship behavior causing the relative person damage meet the eye everywhere in practice, at the same time the boundaries of friendship behavior and acts of civil law are not easy to judge, and China’s relevant laws has no clearly defined concept of friendship behavior and processing rules to the damage caused by friendships behavior.Therefore the court is difficult to find a applicable uniform rules in dealing with such cases. So, Judges often exercise discretion under the relevant legal principles, which resulted in the obvious difference when handle the similar cases in the determination of nature or in the selection of imputation principles. This paper, through a set of representative cases, will point out the focus problems in solving the case on the friendship behavior causing damage: what is the foundation of responsibility after friendship behavior causing a damage result? What responsibility people who pay a friendship behavior person should bear? And this paper will focus on analyzing and solving these two questions.Besides the introduction, this thesis is divided into four parts: The first part leads in the subject of this paper through a group of cases. The second part is the fundamental responsibility analysis of the damages caused by the friendship behavior. Through the comparison and analysis to several existing theories, it is appropriate to judge this act as tort with a limit. The third part is the responsibility of the friendship behavior which causes damage to people. Through the comparison of several approaches it should be based on the fault liability principle when concerns the allocation of responsibility, and the situation with fair principle and mitigated liability rules to determine the behavior person’s responsibility. In the discussion of the allocation responsibility, there is a strict limitation to the responsibility range to prompt a legitimate and reasonable case process. The fourth part on the basis of summing up the whole paper proposes some suggestion about confirmation of responsibility of damage to people caused by acts of friendship behavior.