The Analysis Of Right And Benefit In Tort Law

Chinese Tort Law stipulates the principle of liability for fault in Article 6 with the word “Right-benefit ”.What is more,it puts both of them at the same level.However,the arguments about the distinguish of right and benefit never stop.On the one hand,the Germany Tort Law distinguishes the right and benefit strictly,on the other hand,France Tort law does not use this model.Through judging the other conditions of tort liability,France Tort Law could also exclude the liability.Chinese Tort Law has the same mode with France.But in the latest hundred years,France mode gave too much protection to benefit,and German mode scarcely gave appropriate care,which lead both modes have transmitted themselves to others more or less.Whether should we distinguish right and benefit,how to do this,what should we do after distinction? All these problems would impact the explanation of Tort law.In this article,I will review the construction of German mode and its dilemma.The key of this question is the balance between the benefits of victims and the freedom of the actors,so it is essential to keep the balance between them.Besides,I analysis the two conceptions in the field of philosophy law.Combing the Civil Law in the future,I propose a Rawls' principle of distinction which is used to explains the Article 6.With this principle,we not only confirm the principle of liability for fault,but also give the consideration to the freedom,which would solve the dilemma between the modes of German and France.In the introduction,I will talk about some basic problems which includes the liability of fault,the modes of German and France,the Article 6 of Tort Law and the introduction of arguments.In the first paragraph,I will show the different arguments about the explanation of Tort Law in China.And I will research the mode of German which involves the Tort Law of German and Chinese Taiwan in the second paragraph.Furthermore,I will discuss the dilemma of the mode which could not adapt to developing of the society in this part.With this introspection,a philosophical analyze of right and benefit will be showed in the paragraph three.Lastly,I propose the Rawls' principle of distinction which is used to give a balance protection between both modes.