The Standards Of The Duty Of Care In Negligent Tort

British Donoghue v. Stevenson (1932) case, the "tort of negligence" became a independent tort liability. This case, the presiding judge Lord Atkins also put forward in the case "neighbor formula" as the foundation of judge negligence tort cases. The "neighbor formula" is the cornerstone of "duty of care", as the change of social environment, the scope covered by a duty of care are also increasing, the judgment of the duty of care standard development.The full text is divided into five parts:the first part is an overview of negligent infringement; the second part is an overview of the duty of care; the third part is about the criteria inquiry of the duty of care; the forth and fifth part is about the duty of care theory in China and the introduction mode of China’s development.The first part, the author through discussion of the tort of negligence concept and constitutive elements.The second part, in history of the duty of care as the breakthrough point, review the duty of care of the concept, the function and the constitution important document, clear the duty of care in the tort of negligence in the status and influence of, and pay attention to compulsory scattered in China "tort liability act," the trail.The third part, through the inquiry notice obligation criterion, respectively in the Anglo American legal system attention obligation of the judgment standard, namely rational person standards and risk benefit inspection standards, Hand formula, and the continental law system pay attention to judgment standard of duty, launches the elaboration from the angle of the two legal systems.The forth and fifth part, the author discusses the duty of care in China’s tort liability, through the elaboration of the existing law in China pay attention to the research actuality of duty and the practice in China pay attention to research actuality of duty, affirmed the necessity of China’s tort law duty of care’s establishment, contact with Chinese characteristics for the construction of China’s actual situation of duty of care system feasible mode and put forward some suggestions.