On Preventive Function And Realization Of Chinese "Tort Liability Act"

Law, its conversional and changeable function reflecting the requirement of development of society, is the evolution of legislative spirit, the contemporary philosophical ideological trend, the development of economy, the combination of replacement of political thinking, transmutation of social values, and many other factors, which has irreplaceable guided meanings. The function of Tort Liability Law is such significant point related to understanding attributes of the Law. The first article,the purpose of China’s "Tort Liability Act", provides as follows ‘The law is enacted to protect the legitimate rights and interests of civil subjects, clarify the tort liability,prevent and punish infringement, guarantee social harmony and stability’ and is the first time prevention as legislative purpose was written into statute law. With the rapid development of economy and scientific technology, along with the large amounts of serious tort damages, especially personal damages, traditional Tort Liability Law’inherent function of compensating damages gradually expose defects. Therefore,facing new problems and disputes, China’ Tort Liability Law makes interior adjustment, in the hope of reinforce protection of victim’ legitimate rights and interests. Throughout the history of tort law,Compared to early tort law focusing on punishing tortfeasor,modern tort law shouldn’t blindly punish trespasser after torts in the purpose of maintaining social stability. Conversely, it ought to fully consider how to protect rights and interests of civil subjects in huge scale and make adequate preparation of prevention before torts. As a result, this transition is determined to reduce damages against victim as much as possible. After all some damages is irreversible, measures of compensating damages hardly return to original position.Faced with lots of tort events, we have two solutions: beforehand prevention and post-mortem remedies, the former of which is best choice with no doubt. Increasingly frequent serious accidents in the new environment pose new challenges to Tort Liability Law, which aims to protect the legitimate rights and interests of civil subjects. Relying solely on the idea, function of traditional tort law, compensation for damage, no longer resolves mental and property damage victims were subject to. In order to protect legitimate rights and interests of civil subjects comprehensively,preventive function becomes particularly important. It is Tort Liability Law that make adjustment in accord with realistic social changes, and its function that echo theprocess of legal socialization.From comparative analysis among basic analysis of legal functions, historical evolution of tort law’ function, and main functions of tort law in mainstream views,this article demonstrates the importance and necessity of preventive function in tort liability law, refines the concrete manifestation of preventive function in China’ Tort Liability Law, compares the status of related preventive regulations of torts at home and abroad, proposes suggestions of improving and fulfillment preventive functions in China’ Tort Liability Law, from these two aspects: legislative improvement and concrete realization of preventive functions, finally making the function of prevention and function of damage equally important in the tort legal system, confirming to rapid development of modern economy, allow damage torts bring and damage rate to touch bottom.