Emotional Tort Liability Research

Law is an important means of modern countries to adjust social relations, but the law is not everything, in real life has many fields law cannot play its guidance, evaluation, prediction, force, the role of education, such as to establish, maintain or increase feelings for the purpose of friendship behavior, largely outside the scope of the adjustment of the law. As a person's social attributes and derived friendship behavior occurred in each person's side, such as drinking meet, meet travel, hitch a ride, etc, because of the friendship behavior caused by disputes abound, due to legislative blank, lack of theory and judicial practice of friendship behavior caused by the disputes of the verdict are also different. The author as a judge, in judicial practice, the disputes caused by handling friendship behavior together, although from the final result, the case to the defendant appropriate compensation, the plaintiff dropped the case, but in handling the case, the author trapped the law there is no clear stipulation, only focus on from the Angle of ethics and human feelings, so choose friendship tort liability as a graduate of the topic, hope through studying the theory of friendship and friendship tort foundation, combined with the existing legislation and judicial practice, a certain contribution to the research on friendship tort. This article mainly from the six parts of tort liability for the friendship is discussed: the first chapter for understanding friendship behavior, explains the concept of friendship behavior, characteristic and its differences with other behavior; Chapter ii infringement behavior and friendship is friendship, moral and law to treat friendship different ways and behavior standard, adjustment stage, and proposes the concept of friendship infringement for introduction and analysis of this concept; The third chapter the cognizance of the tort liability for friendship, friendship tort liability of constitutive requirements; Chapter iv for the friendship of tort liability, including liability manner and contract relief, and the legal relief of three parts; Chapter five for friendship tort liability system of the status quo, the existing legal provisions and judicial practice of our country summary; The sixth chapter is according to the status of friendship tort liability system of relevant legislative and judicial Suggestions are put forward. Hope can through the discussion of this article for future legislation and judicial practice in order to provide the valuable reference.