Tort Law Protection Of Customary Rights

Customary rights for a long time.In traditional society,customary rights have been infringed,in order to achieve major relief given against psychological pressure by public opinion.However,with the modern society to accelerate the movement of persons,relationships between communities are no longer close.Express and realize customary rights mainly depends on close relationships arising pressure of public opinion at this time is no longer so effective.Customary rights are violated,it is difficult to appeal to resolve itself through customary regulatory mechanisms.There are differences in the results of the trial practice,or even completely opposite results.But this does not mean that customary rights loses its meaning of existence,customary rights for members of the society the meaning of life and emotional significance.When this customary rights have been violated,the damage to people's emotional damage and Order the destruction of life is evident.This caused concern domestic scholars.Chinese legal circles for its study a lot,but mainly focused on areas related to the definition of customary rights,the right features and judicial remedies,holistic study on customary rights of insufficient.Combing academic research situation,combined with domestic and foreign experience in the protection of customary rights and my thinking,put forward personal opinions.Papers should include:introduction,which briefly introduces the current situation of the academic study of customary rights.And pointed out that the protection of customary rights research gaps.Chapter One:By comparing the two cases,indicating that the verdict of the judicial practice of customary rights is completely different.Only rely on judicial activism can not really protect customary rights purposes.At the same time analyze the reasons for this result,mainly because the parties and the judges look at whether customary rights as a right to a different opinion.Customary rights into the scope of protection of tort law can really protect customary rights purposes.Chapter two:the history of the protection of customary rights retroactively.Ancient Chinese already use the criminal process against the so-called customary rights of"tort".In the late Qing Dynasty,the Republic of China,whether it is the legislation and judicial practice,there are customary rights protection.However,some time after the founding of New China,the people's customary rights are not relief.In recent years,although state law emphasizes respect customary,but legislative,judicial does not realize the importance of protecting customary rights.Chapter three:Comparison of customary rights protected by international law.Germany,Japan,France,to carry out in the legislation through tort law for the protection of customary rights,the legislation of these countries can learn from.The common law tradition because its case law,the right to be able to make the customary law effectiveness through judicial practice,on China's current judicial environment,open to question.Chapter four:protection of customary rights torts content design.Explicitly customary rights into "Tort Liability Act," the scope of protection,and customary rights for type of division and discrimination.Responsibility for violation of customary rights of the constituent elements were analyzed.Discussion on special liability method.