The Violation Of The Taws Of Protecting The Rights Of Others And Its Dependence By The Case Of "Pleasant Goat"

A case of children imitate cartoon plot in2013caused widespread concern inacademia and society.Two children tied their playmates to a tree and burned them.Thespecific cause of concern is in the first trial of the case,not only the defendant whostarted the fire would undertake the tort liability and also the animation productioncompany.The animation production company had taken15%of the responsibility.Inthe second instance the three interested persons of this case have agreed to mediation,so it will not be discussed in this article.The "Pleasant goat case" is the first case in which the movie and TV dramsmanufacturing company undertook the tort liability among the domestic infringementcases infringing the laws of protecting the rights of others.The author thinks that thejudgment of the court in the first instance for this case is appropriate, and there isbasis for making the animation production company undertake the tort liability. Dueto the rapid development of modern society, the tort liabilities specified in the TortLiability Law are not enough to regulate the behavior of infringement of "theemerging rights". The application of the tort liability of infringing the law ofprotecting others exactly makes up its deficiencies, and limits the discretion of thecourt to a certain extent, thus truly ensuring that “there are laws to abide by and thelaws are strictly observed". But, in order to avoid the abuse of the tort liability ofinfringing the law of protecting others, its application also should conform to thecomponents of the infringement specified in the Tort Liability Law, namely that theactor needs to break the relevant regulatory laws; the victim is the expected protectobject of the regulatory laws; there is causal relationship between the victim’s lossand the actor’s violation of the regulatory laws.It’s worth noting that, among the tort liabilities of violating the laws ofprotecting others, it is generally believed that as long as the actor violates relevantregulatory laws, the actor should undertake tort liability, the main liability. This can be found in the "pleasant goat case". The production company of the "pleasant goat"has undoubtedly passed the examination and approval of relevant national institutionsbefore producing and issuing the animation, thus it has conformed to theadministrative laws. However, it has ignored the correlative stipulations in the TheProtection Law for Juveniles because its broadcasting content contains the violentplots which are unsuitable for the minors and has no marked words preventing theminors from imitating the violent plots, thus it has violated the The Protection Lawfor Juveniles and has faults. In addition, there is factual causation between the burnjury of the plaintiff, namely the children in the "pleasant goat case", and the violentcontents in the animation issued by the production company. Thus, it can beconcluded that the tort liability of violating the laws of protecting others isundoubtedly applicable to this case.According to the Tort Liability Law, there are no relevant rules on the tortliability of violating the laws of protecting others, but this problem is inevitable in thejudicial practice, thus, the author thinks that the confirmation of its independence isfeasible. Firstly, although the current legal system is relatively complete, and the civilsubject have many choices to seek for relief, the relevant laws are lagging, after all.Thus the Tort Liability Law is unable to regulate the birth of the "emerging right".However if the tort liability of violating the laws of protecting others is classified asan independent tort type, it not only can expand the protection scope of the TortLiability Law, but also provides new relief choices for the infringed.Secondly, the tortliability of violating the laws of protecting others can serve as a bridge connectingdifferent departments, which is advantageous to the communication between differentjurisdictions; thirdly, the tort liability of violating the laws of protecting others can putreasonable restrictions on the freedom of some behavior, and is conducive to balancethe conflicts between behavior freedom and social resources; fourthly, the tortliability of violating the laws of protecting others has advantages in fault recognition.Based on the above reasons, the author thinks that it is feasible to recognize the tortliability of violating the laws of protecting others as an independent tort type. Thispaper mainly expresses some opinions of the author with the purpose of starting a discussion and making some contributions to the development of the Tort LiabilityLaw.