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Protection Of Error Tort

Posted on:2021-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:A L QiFull Text:PDF
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With the development of China's economy and the promotion of the rule of law,people's awareness of protecting their legitimate rights and interests by legal means has been enhanced.More and more disputes are settled through judicial procedures,while the system of preservation is being applied more frequently in judicial proceedings.But,as the judicial cases are greatly increasing and the security system is widely being used,the phenomena focusing on preserving the mistake infringement have also been on the rapid increase in recent years.However,there are fewer relevant judicial explanations for such infringement in The Civil Procedure Law and The Tort Liability Act.At the same time,since the judge discretion is bigger,there often appears different connections with the same sentence.Therefore,this paper is based on all the data collected,relevant studies and my own views.I hope to sort out the real root causes of the current protection of wrong infringement problems,and give corresponding solutions to solve the current problems.There are three chapters in this paper.The first chapter is the case part,through which the problems are summarized.The second chapter is the core chapter of this paper,which is divided into five parts.The most important part is the exploration of the relevant issues of the criteria for the identification of preservation errors,and the author's exploration of the principles for the attribution of preservation errors and infringements in China.This part is also the most complicated and the most controversial part among scholars in China,which mainly focuses on the problems arising from the mistaken adoption of fault liability attribution principle in China's current preservation and how to solve them.However,the author adopts the doctrine of imputation of fault and states the reasons.The third chapter is to explore the problem of preserving compensation for wrongful infringement.After determining whether it constitutes infringement or not,it is also important to determine which losses can be compensated if it constitutes infringement.Therefore,this paper also explores from four parts.Through this paper,it is hoped that it can be helpful to protect the related issues of wrong infringement in the future legislation of our country and provide inspiration for scholars to study related issues in the future.
Keywords/Search Tags:Wrongful preservation, Fault liability principle, Principle of liability without fault, Damage compensation
PDF Full Text Request
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