On The Preventive Tort Liability

Modern age is an era which is full of risk and crisis.In risky society,Modern Tort Law faces two situations.One is that people enhanced awareness of rights protection increasingly;the other one is that the damage caused by mass tort is very serious in risky society and can not be restored or irreparable.Therefore,the design concepts of Modern Tort Law turn to meet "people' s basic safety requirements on the social production and life" and "from relief afterwards to beforehand relief".So at this time preventive function of Tort Law has become critically important.While the preventive tort liability's purpose and the spirit of legislation is to prevent the initial damage occurring and stop it enlarging.So,the system is in accordance with the purpose of Modern Tort Law and adapts to the social development.Preventive tort liability can be seen in many countries' legislation.But China is the only one country that has clear legislative provisions of preventive tort liability in its legislation.It is an obviously enlightened action.However,as with other countries,China only has "established the system with deficient constituent elements in legislation".In Tort Law,only the Article 21,the Article 15 and the Article 45 relate to preventive tort liability,and the Article 15 and the Article 45 only express from another perspective with no new content.While there are numerous problem existing in the Article 21 so that preventive tort liability which is of great significance can not play a role in the prevention of damage.In this regard,firstly,this paper introduces the basic theory and relevant foreign system of preventive tort liability.Secondly it reads the Article 21 of the Tort Law,clarifying the content of law and analyzing the problems of law.Thirdly it analyzes preventive tort liability' s principle of responsibility fixation and constituent elements as well as the relationship with limitation of action.Finally,the paper puts forward the system to implement preventive tort liability.