Study On The Duty Of Care In The Friendship Behavior

In recent years, there are many judicial disputes caused by friendship behaviors.Speaking of friendship behaviors, precondition for the actor to bear the liability for tort is that the actor has the duty of care and violates it. Therefore, the core to handle friendship behavior disputes is to identify the duty of care, judge violation and set the determination criterion. In China, lack of regulations on duty of care in friendship behaviors results in many dispute cases. So, it is necessary to establish legislative and judicial bases for the criteria of duty of care in friendship behaviors in order to clarify duties the actor should assume in the cases.This thesis has three parts, introduction, text and conclusion and has four chapters.Chapter ? elaborated the concept and features of friendship behaviors; introduced the basis on which friendship behaviors generate duty of care and functions of the duty of care; then explained the source of duty of care in friendship behaviors. This chapter laid a theoretical foundation for establishment of identification criteria of duty of care in friendship behaviors in the following chapter.Chapter ? summarized and analyzed the current legislative and judicial situations of duty of care in friendship behaviors. It not only made a comprehensive and detailed summarization of relevant regulations, but also classified and analyzed cases caused by friendship behaviors. Moreover, this chapter discussed the application of judicial practices relevant to duty of care and further summarized problems with judicial practices.Chapter ? established identification criteria of duty of care in friendship behaviors and violations. The author firstly studied the sources and development of duty of care in the two law systems and the identification criteria, and then gave references for friendship behavior dispute cases in China. Secondly, the author worked out the criteria for identification of existence of duty of care in friendship behaviors and identification of violations based on morality, behavior custom and judicial practices of China.Chapter ? started from the nature of responsibilities cause by violating duty ofcare in friendship behaviors and elaborated types of the responsibilities. Lastly, the author discussed assignment and limitations of the responsibilities. This thesis aims at realizing fair value of law.