Analyze The Identification Of Duty Behavior In The Civil Law

Here duty behavior is relative to individual behavior.It is ruled by article 43 of General principles rules of civil law,reflect on article 61 and 62 of General rules of civil law.Though The supreme people's court of the People's Republic of China has put forward relevant views,the article 58.Now both of relevant case and judicial interpretation are short.The identification is abstract,misty and general.In this paper,the author will discuss how to complete the relevant judicial interpretation and some legislative recommendations from body qualifications,the scope of business activities and the distribution of legal liability by analyzing typical cases as well as combining domestic and foreign legal practice and theory in order to make a identification of duty behavior more concrete and feasible.The first part introduces the research background,research significance,research status and poses a case.The case raises three questions that this article tries to deal with.The second part mainly analyze three questions above,by learning from relevant theory and legal practice at home and abroad,including the judgment of body qualifications,the scope of business activities and the distribution of legal liability.The third part will propose suggestions to perfect the judicial interpretation and legislative suggestions based on analysis above.