Research On The Issue Of Breach Of Contract Liability And Tort Liability

In our country civil law,liability for breach of contract and tort liability has been a theoretical controversy bigger problem,and with the rapid development of the society in various fields,frequent liability concurrence phenomena,therefore in the judicial practice,has been a debate about this issue.Bone of contention is that when two kinds of concurrence of liability occurs,how to do utmost to protect the rights and interests of the victim and avoid make the infringer double responsibility,in order to achieve this goal,this article will be discussed from the following chapters: the first,the concept of concurrence of liability for breach of contract and tort liability definition and reasons;As to the discussion of a systemshould first clarify the concept,understand the causesotherwise all the impossible.Secondly,combing the domestic and foreign about two liability concurrence of processing modeunderstand the current research situation of the problem which is the precondition of further study and eventually solve the problem.Third,the concurrence of liability for breach of contract and tort liability in our country the status quo and the existing problems.Point out the deficiency in the treatment of the concurrence of liability issues,made to explore the new way of thinking to achieve the target,more targeted.Fourth,perfect the system of concurrence of liability for breach of contract and tort liability in our country.This chapter is the most important part of this paper,the ultimate goal of this study,the author will be on the existing theory and analyzing the law of comparative advantages and disadvantages of various views.Finally put forward the effective solution and combining with the judicial practice,further liability concurrence system will be improved and perfected.