The System Value Of Intention In Tort Law

Due to the traditional theory of civil law and the compensation for the loss of victims in Tort law,the compensation in tort law is in accordance with the principle of "result oriented" and "victim oriented".This idea is to compensate the victim for the loss, highlight the corrective justice. Thus, in the establishment of tort liability, it mainly uses "fault" to show the subjective state of mind of the infringer ,ignoring the distinction between "intention" and "negligence",and "intention" has little status in tort law.However, by studying the history of intention in tort law and comparing the role and status of intention in the two legal systems, it is found that intention plays an important role both in history and in the present age. And with the development of tort law, it has its own unique value for the establishment of tort liability, the compensation for infringement damage and the prevention of infringement. But our country still lacks profound and systematic research and demonstration in this respect.This article combines the study of intentional history, the current situation of many countries and the problems of our country, the development trend of intention and its unique role. The author tries hard to construct the system value of "intentional" in the tort law of our country, and strive to put forward relevant suggestions and ideas.Quite apart from the introduction and conclusion, the main content of the article has three parts:The chapter one is mainly discuss the intentional history and present situation,is the part 1. Firstly, analyzing the history of faulty tort and intentional tort; Secondly, summarizing the institutional value of intention in many countries of two legal systems;In addition, it shows the intentional status and challenges of tort law in our country.This chapter mainly shows that intentional system plays an important role both in history and in present time, but our country is lacking in this aspect.This chapter, by asking questions to pave the way for the following analysis of the institutional value of intention.The second part including articles from second to fourth and is the core part of the article. The main content is to build and summarize the intentional value of the system.The second chapter analyzes the influence of intention in the establishment of tort liability. Highlighting the pure intentional tort and pure economic interests,and introduces the main situations of pure economic loss to show the value of intention;Chapter three analyzes the value of intention to compensation for infringement. The author analyzes the role and significance of intentional damages on material damages, non-material damages and punitive damages,and analyzes the influences of intention to compensation for damages in exemption reasons and joint fault. This chapter also elaborates the theory and legislation of other countries.Chapter four mainly focuses on the value of intention in the prevention of infringement in tort. This chapter showing the value of intentional roles in many different systems, including in the insurance, alternative liability, debt relief and offset, and several other aspects.The third part is the chapter six,this chapter makes an introspection on the intentional value of tort liability law in our country, and puts forward some relevant construction and ideas. Which includes the distinction between intention and negligence, the construction of general terms of intentional torts , intention affects the size of compensation, and the prevention of intentional tort and other fields.