On The Tort Liability Law's Ability To Break The Civil Liability

For a long time, the research on the responsibility of our civil law circles has mainly focused on the field of "civil liability ability". Since the issue of Tort Law of the People's Republic of China,the research on "tort liability" has been increasing with each passing day. Although the scope of application of civil liability in our civil law circles is still controversial, the mainstream view is that the core area of civil liability system is tort liability. With the increasing complexity of social risk and the continuous strengthening of the relief function of tort law, the necessity of judging the constitution of liability based on the system of responsibility ability is questioned to a certain extent.This article raises a number of questions,from the perspective of tort law,on the guardianship of the guardian's infringement. Legal liability, as an important legal system, its constituent elements is the premise of the establishment of legal liability.Legal liability constitutes a specific element that should be taken into account when determining legal liability, including the necessary and non-essential factors. Follow the "fault" factor non-essential thinking of the "Tort Liability Act" Article 32 to explain the interpretation of legislation and legislation, which expands the guardian of the reasons for the responsibility,as well as "property capacity" as the standard requires no responsibility The ability of people to bear the paradox, and then question the scientific responsibility of the theory of civil liability.In the course of the development of our civil code, the civil liability system of natural persons has become one of the key issues. For the civil liability system, the civil codes of the world have different opinions in legislation and theory. Through the different views of the interpretation of further accountability system in the maintenance of freedom of conduct, to maintain the integrity of the legal system and the protection of minors and other aspects of the role, in order to demonstrate our current "tort law" on the civil liability system of legislative choice.The purpose of the Law on Tort Liability is to put the legal rights and interests of the civil subject in the first place, which is in line with the trend of modern tort law from sanctions to compensation. Different from the criminal law, administrative law-based public law,public law on the responsibility is punished as the core purpose,the responsibility of the system in public law to show the full need. With the advent of the 20th century, the advent of the risk society and the strengthening of the tort law,the protection of the rights of civil law, the right to determine the interests of the civil law to "compensation" as the core of civil liability. Which also made a certain change in the composition of civil liability, responsibility system once again by the unprecedented challenge. Although there are scholars from the system function and the value level of the system to prove that it should not be diluted, but in the analysis of the relevant provisions of tort liability, the perspective should be transferred from the establishment of tortious acts of damage to the relief, based on the tort law itself Value orientation, redefine the legal responsibility constituent theory, in order to objectively open the system of liability in the tort law in the real veil.