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On The Construction Of The Third Party Tort Liability System In China

Posted on:2018-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:X P LiFull Text:PDF
GTID:2346330542453954Subject:Law
Abstract/Summary:PDF Full Text Request
Introduction of tort liability law provides detailed methods and ways for the protection of all kinds of civil rights,to safeguard the legitimate rights and interests of the civil subject has played a guiding role,and innovations in many system.However,under the circumstances of the infringement of the third or how to bear the responsibility when determining the infringement,the tort liability law has not formulated detailed provisions.In spite of the tort liability law article twenty-eighth emphasizes third people have to bear the damages in the result of damage caused by the responsibility,but this shall have a lot of disputes,namely the third person tort damages whether other people also need to bear the liability of tort,and the third person infringement subjective mentality and determining whether the same standard and so on and the third person tort law as often as appellation,its specific meaning,the imputation principle of how to apply the law are not clearly defined.The purpose of this study is to build a new type of tort liability system for the third party fault,and to provide a more comprehensive solution to the civil rights disputes.Through the four part of the discussion,I sort out the current legal provisions on the third party,and combined with the relevant provisions of the third party tort legislation,to build the third party liability for tort liability system feasibility.The author mainly from third elements of tort liability;classification of fault of the third person tort;third person tort liability under the responsibility of the construction,hope for the legislators in the third party in the field of tort of continuous research and create a reference full of practical and realistic law.Improving legislation not only makes the civil subject can find the law to safeguard their legitimate rights and interests,clear the rights and obligations of the parties,but also to find the legal basis in judicial practice according to the judge,judge the possibility of.
Keywords/Search Tags:third party, third person fault tort, third party fault tort liability, cause and effect relationship
PDF Full Text Request
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