The Tort Liability For Friendship Behavior

Marx once said that c"man is the sum of all social relations",which means that the survival and development of human beings must be realized through socialization.As a "social animal",it is impossible for individuals to live without negotiating,interacting and integrating with other people.Nowadays,due to the complex social environment,there are not only harmonious social behaviors but also many unsatisfactory phenomenon.It should be noted that the pure friendship between people and the virtue of rreciprocity will possibly cause annoyance or trouble,which affects the country’s long history of etiquette and cultural basis as well as the scope of legal regulations.To be specific,the people who help others on their own initiatives end up getting involved with a lawsuit,which is often seen in the legal programs and news reports.This occasion indicates that these moral behaviors which originally intended to promote feelings and to bring convenience or benefits to others have ended up in the legal field.Furthermore,whether the law can intervene and how to intervene these kind of phenomenon have become a topic of the academic discussion.Based on this topic,the thesis does some data collection and makes an intensive study.As a vivid reflection of social life,the friendship behavior itself is closely connected with the social dimension.This behavior promotes the emotional ties between people and is not bound by law.The term "Friendship Behavior" is not a concept of legal level.Although this term cannot be found in the legal provisions in China,it often appear in the judicial practices.Obviously,it is inevitable that the situation of backfire will occur in the process of implementing the friendship behavior.As a result,the friendship behavior will intrude the scope of legal regulation due to the imbalance of the interests of both parties.When searching and coordinating the related literature,the thesis finds that China’s research on the friendship behavior is in the preliminary stage.In China,there are no corresponding solutions involving the definition of friendship behavior and the related rules for tort liability.In addition,the judicial organs have not provided any written basis to deal with such disputes until now.All indicate that the legal intervention is in an awkward situation.The thesis believes that it is necessary to conduct an in-depth study of the friendship behavior which is along the legal boundary,improve the relevant theory,make the theory better serve the practice,and gradually make up for the civil law system.By doing so,the authority of the law will be maintained.More importantly,a legal study on the effective and unified standards of judicial adjudication is of both theoretical and practical importance to the civil law theory as well as the judicial practice.Based on the collation and analysis of the literature,the thesis has studied a large amount of related literature,introduced various cases,and put forward viable ideas from the perspective of comparative law.Starting from the definition of friendship behavior,this thesis summarizes the infringement of friendship behavior and then studies the relevant cases as well as theories of foreign countries to get inspiration.In addition,this thesis analyzes the tort liability of friendship behavior and makes a layer-by-layer analysis step by step.Furthermore,the thesis has offered a relatively comprehensive explanation about the friendship behavior infringement dispute responsibility and so on,aiming to improving the related theory.Finally,according to our country’s existing judicial practice as well as the appropriate evaluation on the two parties’ rights and interests,the thesis proposes the corresponding ideas and suggestions regarding the appellation of law.