On Tort Liability For The Action Abetting And Helping

Abet, help infringement refers to the act of abetting third people or third people to help, resulting in third people to the expected of infringement and infringement of rights and interests of the behavior caused by others. Civil judicial interpretation in China made a special provisions on the civil liability of abetting, helping others to commit a tort, "tort liability law" set up a special provisions, but the provisions are not a. In abetting, helping others to implement the civil liability for tort bear on relates to whether should distinguish aiding and abetting and abetting, helping people and instigated, help people between division of responsibilities and other issues, need specific analysis, it is clear that in order to accurately handle such disputes.Abetting behavior refers to the behavior people using language encouragement given to others, lure, so that had no intention of infringement or the infringement intention but are hesitant to implement the same tort and abetting behavior intention. Different from the criminal law on the crime of instigation, occurred in the civil law and abetting acts to implement tort consequences for the establishment of conditions. Help behavior is to help people who are prepared to act as a tool to help people, to find the target, to provide the spirit of encouragement and support, to promote the implementation of the act of tort. Different from the behavior of the solicitation, it is helpful to have the intention of infringement, but to help people’s behavior to promote the realization of the intention to help people.There are three modes of the foreign law for the solicitation and the help of other people’s tort. First, as a joint tort, the two is for the joint tort, the three is not as a rule, when dealing with the treatment as a common infringement. China’s civil legislation and judicial interpretation is different, according to the object of the aid of the different and different. On the type of infringement, when the person is a person who is not a person who is a person without civil capacity, it does not constitute a joint tort, which belongs to a separate tort. When the person who is a person who is an aid to a person who is a person who is an aid to a person who is a person who is a person who is a person who is a person who is an aid to.The tort liability law of our country stipulates the civil liability of the solicitation and the help, but it is not perfect. "Tort liability law" is not clearly the legal nature of the solicitation, to help the infringement of the law, the lack of support for the solicitation, to help people assume joint and several liability theoretical basis. Abetting and helping behavior in the subjective malignant, the objective of the role and so on are different, the civil liability bear should also be different, "tort liability act" without distinction, the provisions of the same civil liability. With limited capacity for civil conduct and capacity for civil conduct for non complete capacity for civil conduct type, aiding and abetting, help limit the capacity for civil conduct and commit a tort without capacity for civil conduct, on the liability should vary.In abet or help a person without full civil capacity of people, involving abetting, abetting, helping people with the help of the non full civil capacity of the guardian’s responsibility sharing problem. In this regard, "tort liability law" Ninth paragraph second, guardian, should bear the corresponding responsibility. Guardian and the solicitation, to help people in the form of responsibility is a one-way joint and several liability, the obligation to help people to compensate for the loss of compensation, the guardian bears the responsibility to bear the corresponding losses and their fault obligations. Compensation for the victims of all loss of abetting, helping people, in to the guardian to recover. This is a one-way recovery.