Research On The Legislation Of Tortious Liability Of Omission

With the rapid progress of science and technology as well as the rapid development of social civilization, more and more attention has been attached to the protection of the rights and interests of the people in China. A large number of infringement cases, which involves tortuous liability of omission is not common, and the type is also increasingly complex. From a theoretical perspective, the law of tort is more concentrated on the act of tort than tort of omission. There is no clear definition of the tort and tort of omission. From the perspective of legal practice, the judgment is also different. The chief reason for this is that China’s theoretical research on omission tort system is not enough and lack in legislation, unable to provide theoretical support and play a guiding role in the correct judgment. Therefore, this article perfects the system of tortuous liability of omission, clarify the tortuous liability of omission based on the theoretical research, thus formed a unified legal system, in order to provide strong legal support for the future of the judicial practice, in which the judge face more diversified cases. This article is composed of five parts.The first part is the historical development of tort liability. This part expounds the background, purpose and significance, introduces and analyzes the current situation and development trend about the legislation of tortuous liability of omission from domestic and foreign, explains the research methods and content of this article.The second part is the theoretical basis of tortious liability of omission. This chapter defies the concept, expounds the features of tortious liability of omission as well as the historical development, discusses the theoretical sources of tortious liability of omission, elaborates the elements of tortious liability of omission.The third part is the present situation and the insufficiency of legislation of tortious liability of omission in China. This chapter introduces the "Law of the PRC on Tort Liability" and other laws, analyzes the shortcomings of the existing legislation.The fourth part is the investigation and reference of foreign legislation of tortious liability of omission. This chapter analyses the regulations of tortious liability of omission in continental law system and Anglo-American Legal System, summed up the enlightenments to China.The fifth part is the suggestions of legislation of tortious liability of omission. It includes make a clear definition of tort liability, expanding the sources of act obligation, expanding the scope of actors in safety ensuring obligation, perfecting the liability form of tortious liability of omission, through which methods construct the legal system of tortious liability of omission.