Font Size: a A A

Do One Thing Under Cover Of Another: "Tort Liability Law" Article Fifty-eighth(1) Of The Fifty-fourth Softening

Posted on:2018-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y XiangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The "tort liability law" article fifty-fourth and fifty-eighth at the beginning of the legislation is controversial,fifty-fourth has established medical tort by the principle of fault liability,which completely changed the principle of fault presumption in medical tort cases before the treatment.In the face of "tort liability law" article fifty-fourth of the plaintiff's burden of proof ability put forward high requirements,the "tort liability law" article fifty-eighth of the three cases creatively applies the principle of presumption of fault,the softening of the principle of fault liability,especially the fifty-eighth section(1)through the introduction of external norms to help judge whether the plaintiff medical institutions fault,disguised improve the proof capability of the plaintiff.However,the "tort liability act" fifty-eighth does not provide a judge for the screening of external norms of public law standards,resulting in the judge in the application of the relevant law,the article seems to be at a loss,the reasoning is vague,affecting the quality of the referee.This paper starts from the analysis of the case,through the literal interpretation,purpose interpretation technique,provide a suitable framework for the judge,the "tort liability law" article fifty-fourth and fifty-eighth can really play its due role in the actual judgment.
Keywords/Search Tags:fault, presumption of fault, peremptory norm, purposive construction
PDF Full Text Request
Related items