Theoretical Research On The Systematization Of Tort Liability

The method of tort liability is derived from the traditional civil law's remedies for the infringement of civil rights.However,traditional civil law's liability for tort liability is limited to damages.It is necessary to rationally apply multiple burdens to relief civil rights.The tort liability law of our country bears a variety of ways to bear the responsibility.The application of further decomposition of the burden is the purpose of this paper.This article will help to complete systematic research on the liability of tort liability from the perspective of network rental of travel housing.The offline house lessor cooperates with an online online rental platform to rent a house,because renting and renting such a house usually takes place during the process of the lessee's travel,so this type of leasing activity is also referred to as a traveling home network leasing.The difference between house network leasing and ordinary house leasing is that the network leasing platform can have the main body of tort liability.The ways in which the network leasing platform participates in leasing mainly include display,line discipline or entrustment,and direct management and control.How to determine the infringement liability when the infringement occurred,the relevant provisions of our country's laws on such issues are still not perfect,and it is necessary to clarify the main status and responsibility of several parties in the tort liability.This article first analyzes the role of the network leasing platform in leasing activities,and specifies the status of the leasing platform in leasing activities according to the display behavior,line discipline or commission behavior of the network leasing platform in the leasing activity,and direct management and control behavior.This will help determine the main body of tort liability of the network rental platform when the infringement occurs.After establishing the main body of tort liability,using the principle of attribution of liability for common house lease infringement,the similarities and differences between ordinary house leasing and travel house leasing are analyzed and compared to help analyze the principle of attribution of liability for network-rental infringement of travel housing.Determining the ultimate tort liability provides the basis for attribution.In the case of infringement of online rental of travel houses,determining the main body of infringement liability can find the main body of liability for the infringement liability.After the above two conditions,it is possible to further determine the liability for travel home tort liability.For the determination of liability,refer to the relevant contents of the liability for infringement of ordinary house leasing.Through the analysis of the application of fair liability in the infringement liability of the network rental of the traveling home,the problem of avoiding the ultimate liability of the liability for compensation is avoided.After determining the amount of liability for infringement of online housing rents,the parties shall distribute the liability for compensation that each party shall bear,the offline house lessor,the online network rental platform,the lessee of the travel house,and the third party that infringes on the rights of the parties under certain conditions.Multiple parties bear the liability for compensation,and the specific responsibility methods include property content,including return of property and compensation for losses.In analyzing the related issues of travel homes' tort liability,the final amount of compensation will be calculated.This will play an important role in helping the right to return to its successful state.In the final part of this paper,the author analyzes the concurrence of travel housing contract liability and tort liability,whether the use of contract liability or tort liability is the realization of right remedy.Through the analysis of this paper,compared with ordinary house leasing,the travel home network leasing has increased the network leasing platform that may be the subject of tort liability.The network leasing platform has the main body of tort liability and can bear the liability for compensation.The method of liability is based on the infringing content,and there is a corresponding relationship between the infringing act and the form of liability.Stop infringements to stop infringements,remove obstructions,eliminate dangers as forms of responsibility;compensate for property losses,usually return the damaged rights in the form of return of assets,restitution,and compensation for damages;reply to spiritual damages to apologize,eliminate influence,and restore fame as responsibility form.It is precisely because the type of tort determines the type of tort liability,and the application of different forms of liability makes each form of liability a reasonable tort liability system.