On The General Provisions Of Civil Liability Of Civil Code

Civil liability is an important system which is closely linked to civil rights and civil obligations and has a great meaning of supervising debtor to perform its obligations and protecting the rights of the parties.China have begun to formulate general rules of the civil code at the present,the first step is to formulate the general part of civil code.Under this background,civil law academia set off a upsurge on the study of civil code.Scholars have put forwards the draft of the general part of civil code.But whether the provisions of civil liability should be regulated in civil code is now existence controversy.And this issue is not only related to theoretical problems such as the determination of the civil liability and tort,but also for the practical problems such as the construction of civil liability system,the content and structure of debt part of civil code and the system of the civil code.Therefor it is of significance in theory and practice to make research on this problem.General provision of civil liability stipulated in civil law will meet the demand of constructing civil code in legal relationship-centrist;meet the demand of legislative technology;will help us establishing a scientific sense of civil liability;finally it will meet the demand of constructing a scientific system of civil liability.Therefor i think general provision of civil liability should be stipulated in civil law.Then on the base of these,this paper furtherly discuss how will the civil liability be stipulated.Says form the framework,this paper analyzes the points of view of the construction of civil liability from different famous scholars,and discusses the coordination between the general provisions and the specific provisions of civil liability,in order to establish a coordinated system of civil liability.Form specific provisions,this paper draw lessons from the draft of the scholars about civil liability,on this basis,attempt to abstract the general provisions of civil liability,and then put forward a legislative design of the general provisions of civil liability in the civil code.