Solution For The Problem Of The Nonfeasance Infringement In China

Nonfeasance infringement refers to people who own obligation but haven’t fulfill obligations properly so as to do harm to others. Nowadays this type of infringement has been accepted by most country of the world. "General Principles of the Civil Law of The People’s Republic Of China " and "Tort Liability Law of People’s Republic of China" and relevant judicial interpretations also involve some provisions about nonfeasance infringement. However, attention about nonfeasance infringement is insufficient either in theory or in our judicial practice, for example there hasn’t formed systematic regulations about nonfeasance infringement yet. In view of the current situation in our judicial practice, my paper combined with scholars’ opinions and foreign legislation and then gives my own perfecting suggestion about our country’s tort legislation.