Preventive Way Of Tort Liability Problem Research

The understanding on the method of bearing preventive tort liability plays a core rule on determining the constituent elements of preventive tort liability,and directly affects the legislative design of the latter.The tort liability law in China adopted the claim of absolute rights as a method of bearing preventive tort liability,which is quite different from which of other civil law countries.The current law about the method of bearing preventive tort liability will bring potential issues on legislative technique in the future reform or modification of the civil code.In this study,we analyzed the issues related to the method of bearing preventive tort liability from the view of legislation and studied the relationships between the criterion of liability,the constituent elements,periods of prescription and other factors associated with preventive tort liability.The purpose of this study is to determine if it is proper to keep the system of preventive tort liability in the future Tort Liability Law of Civil Code and to explore if some potent problems of using this system can be resolved appropriately.The main methods we used are comparative analysis,case study,etc.In this study,we were not limited our study object-preventive tort liability only to the Tort Liability Law scope,but to the whole constitutions of the Civil Code.Our results show that the rules about the method of bearing preventive tort liability,which is described in the chapter of tort liability in China Civil Code,are fair and reasonable.In terms of legislative technique,the principle of preventive tort liability should be applied to no-fault liability,and the constituent elements of the preventative tort liability include that the action is illegal and the liability should not be applied to periods of prescription.The clear understanding the methods of bearing preventive tort liability will benefit the scientifically constructing the Civil Code system and the correctly handling of legislative technique issue in the preventive tort liability system,save legislative sources and protect the right holders against any infringements.