Research On Civil Liability For Damage Caused By Possession Of Possession

In recent years,during the object has a separated from all possession right to possession of the tort happened frequently,refer to general principles of the civil law in our country,property law and tort liability law and other relevant laws and regulations is no possessor cause person damage of related legislation.Throughout the research results of the domestic scholars possession for infringement on the right to possession of the possessor cause person damage,so far no clear definition and system research have been done.Aiming at this situation,comparing the differences on the domestic and foreign related legislation,can find abroad for the right to possession of the possessor cause person damage this problem,there are mainly three kinds of representative legislation experiences:Ephraim domestic and Switzerland is responsible for on behalf of all the people,good for national law is responsible for on behalf of the possessor of socialism and the eclectic represented by Japanese law.By analyzing and comparing the theoretical basis and application of the three legislative experiences,combining our country's judicial practice,this article mainly from the infringement of legal language,imputation principle,from three aspects put forward on the right to possession of possession cause person damage during this problem should be how to perfect relevant suggestions,in order to protect the legitimate rights and interests by the infringer related.Because legislation in our country about possession right to possession of the infringement,there is no detailed provisions,in own break with all the cases without considering the right to possession of the possessor cause person damage phenomenon;In legal terms,stipulated the responsibility main body such as managers,users,and between the subject and define the scope of and not clear,lead to the legal language is not standard,have the right to possess and everyone's responsibility divided not clear;No provisions possession right to possession of the lessons from foreign legislative experience,in view of the existing problems of legislation in our country,this paper argues that,first of all,should be standard legal language,substitute possessor for managers and users..Second to the right topossession and all the people shall be the responsibility of the reasonable classification according to the different nature of right to possession.The imputation principle,should be adopted according to the different nature of possessions different imputation principle.Finally for the improvement of tort liability form and reasonable justification.The author thinks that,the right to own possessions cause person damage during the case is often visible,only the perfect legislation,can we truly protect the legitimate interests of the patentee.