Legal Research On The Compensation Rules In Tort Law

With the appearance of the faulty objectification and the rise of risk responsibility(Gefahrdungshaftung in German),the criterion of liability fixation system concluding fault and risk responsibility replaced the solo fault criterion of liability,and the system of the constitutive requirements of tort liability is reconstructed.The modern tort liability constitution requirements include damage,causation,illegality and the criterion of liability fixation system."Equitable liability " clause consists no criterion of liability fixation system,but used in very special circumstances where the law required the concerning parties to share the loss of an accident.The concerning parties are not liability;Person with no or limited capacity lacks of the capacity for torts;Person is eliminated of illegality when there is necessity;Unconscious physical activity does not constitute a legal act;Where any object thrown out of a building or falling down from a building causes any harm to another person,all the users of the building who possibly commit the tort and the beneficiary do not exist behavior.As a result,the above behaviors do not conform to the constitutive requirements of tort liability and does not constitute torts.The responsibility for such acts are not tort liability.The above terms have.the same characteristics in terms of function,setting principle,legal effect,legal application,so they can be classified into legal compensation rules in tort law.In terms of the position of the compensation rules,China's civil law system inherited the legislative system and theory of the Pandecton School in the process of legal transplantation.The debt can be divided into two groups:the legal debt and the agreed debt.The legal compensation rules in the tort law belong to the other legal debts.When it concerns the future of the compensation rules.The rules are not only contrary to the function of torts,but also lack of effectiveness in the system design.The rules of compensation are the temporary schemes in China under the condition that the social insurance system is not fully popularized,the social assistance system and the commercial insurance are not enough completed.Therefore,when the alternative relief system developed,the rules should be removed from the tort law and regulated through the relevant laws.