The New Theory Of Civil Liability Concurrence

The liability for breach of contract and tort liability are the two basic classifications of the civil liability in the continental law system. The standard basis of the two kinds of responsibilities are "contract law" and "tort liability law", The "contract law" and "tort liability law" is quite distinct from each other, The adjustment range of the fuzzy zone exists cross each other, And with the development of society and the development of law itself, the "contract law" and "tort liability law" have a strong expansion of the trend, which also produced the coincidence of liability for breach of contract and tort liability.Therefore,we can think that the reason for coincidence of the civil liabilities is the distinction between the liability of contract and tort liability, so what is the significance of such a distinction? The relationship between liability for breach of contract and tort liability in violation of obligations, the violation object, principles, scope of compensation for damage, the parties,jurisdiction, burden of proof, free liability, responsibility and other aspects are different, it is because these differences make the parties claim different responsibility may get different results. Therefore, such a distinction is meaningful.For the coincidence of the liability for breach of contract and tort liability, our country has clearly stipulates, "contract law" the 122 nd. From the provisions of the provisions of view,our legislative recognition of the concurrence of liability for breach of contract and tort liability, and to give the parties to choose the right, but only once.Such a provision on the one hand, the parties to the legal literacy requirements are too high, the parties to assume greater risk of losing, is not conducive to the dispute settlement; on the other hand also contrary to the special purpose of legislation, which makes the parties to circumvent the law by special regulations.In order to make up for the defects of the law, I think it should combine the system and theory of the civil procedure law, and is not limited to a certain theory. As a result, I think that in the concurrence of legal norms are a special specification, there is also the general standards and specification of special relationship, mining new articles said, respect for the special purpose of legislation; legal norms on the concurrence of both general specifications or special specification, constitute a real competition, by request of the concurrence of rights theory, combined with civil litigation preliminary merger system disputes in order to be addressed in a lawsuit.And in the specific circumstances of the liability for breach of contract, the introduction of mental damage compensation system, to make up for the deficiency of the scope of liability for breach of contract.