Claim For Defense In Tort Law

The tort liability law of our country legislative purpose in the opening set in prevention and sanctions against infringement.The function of tort law is that our country's tort law should have the function of defense and punishment.In addition,tort law also stipulates the way of eight types of responsibilities.In article 21 stipulates three methods for responsibility,including stop the infringement,eliminate the obstruction and eliminate the damage.and the three types of responsibilities called for defense of tort law in our country.It also is the embodiment of the prevention function of legislative purpose.But claim right to defense in the tort law is merely reflected such a provision,and no more clear rules or other supplementary provisions,which makes our country's defense right of claim for difficulties in reality,our country's judicial practice is few about defense right of claim in tort law using the referee.In real life,a large number of infringement case appear constantly,in the face of growing new problems,new disputes,for defense of tort law in our country is constantly exposed as insufficient,how to adjust it,which should be considered in the legislative development.In particular,this paper mainly divided into the following several parts:The first part is an overview of defense right of claim.This part mainly expounds the concept and characteristics of claim right to defense,and the types of claim right to defense in our country,and the problem of how to exercise of the right of claim of various types of claim right to defense.The second part is about the current general situation of the legislation and practice of claim right to defense in tort law.This part expounds the origin of claim right to defense for the legislation of tort law in China,the legislation of the right of claim right to defense development situation.Also in the judicial practice in China is probably on the current situation about the claim right to defense,expounds the development in our country's current for defense system in the judicial practice,lack suitable rate of claim right to defense in the judicial practice.The third part is to our country the analysis of existing problems of claim right to defense in tort law.Our defensive right there are fuzzy,imputation principle is not clear,the constitutive requirements of timeliness for defensive and effectiveness cannot be guaranteed.The fourth part is the development of the right of claim right to defense which providing more opinions and Suggestions.This section of the proposal is based on the current defensive right development of Anglo-American law system and continental law system countries,combined with the current existing problems of defense right,in view of the above questions,the claim right to defense in our country are put forward,whichshould the imputation principle,apply the principle of no-fault and constitutive requirements without too much attention on damage as a result,but as long as the risk of damage may occur.In addition,also need to make a distinguish thing with the right to asking for defense.