Research Of The Judgement Standard On Slight Infringement Cases

It is generally acknowledged that,the infringer's negligent or willful violation of the law,which resulted in the damage to the rights of others,shall be liable to the victims and compensation.Based on the complement principle of the Tort Law,the infringer must compensate the victim's loss.But in real life,it is difficult to establish judgement standard under particular circumstance,such as the heart-attack death caused by neighborhood quarrel,frightened collapse caused by the passing-by dogs and some other serious cases.Different from ordinary tort case,people usually pay less attention to those cases-which are mentioned above,because of the low level of risk and small impact of the violations when they actually accrued.But afterwards,the low degree violence would cause unexpected serious consequences of the damage.However,because of the non-equivalence between minor damage behavior and the serious consequences,the judgement standard has never been fully established when dealing with this sort of situation.In this thesis,several particular cases would be stated at first to make further understanding of how the infringement occurred,then,based on the fundamental function of Law,the judgement standard would be discussed with the reference of the abroad trial cases.The main content of this thesis contains four segments:The first part is to depict several cases which showed how the court made different judgement about the similar slight infringement violence,which also leads to the thesis topic.The second section addresses the specific sentence issue related with the judgement standard.For the logic and value of LAW,it is not suitable for the court to completely(or not)adopt the “egg shell principle”.For the imputation principle,the judgement cannot make a remarkable impact to the infringer to avoid the violence.For the judgement gist,to some extent,the behavior and consequence occurred in the infringement circumstance cannot be equivalent with the causality in law,so the judgement which has been already made doesn't have an equal value of the judicial precedent.The third illustrates what causes the variation of the judgement standard.In this part,the comparison of judgement made by different countries under particular infringement circumstance would be discussed.The last part is to state how to establish the judgement standard.From the legislator's point of view,the value of each law is to complement the loss caused by the infringement,furthermore,the loss resulted by the non-infringement violence should be complemented equally as well.Because of this reason,the crime circumstance should be overall considered to make a justice sentence.