On The Duty Of Care Of Cood Benefactors In Friendship Behavior

In recent years,in the judicial trial,the friendship behavior caused by the infringement cases,although the academic circles on that have long friendship behavior of academic research,but for friendship behavior kindness patronage of duty of care exists and in violation of the standards are less involved in friendship disputes in judicial practice related cases caused by the reasons things out the part is not in accordance with the different sentence quoted law and identifying infringement facts exist after first order problems,such as violation of a duty of care,lack of unified standards will lead to the impartiality of the law,make cases using both sides cannot heart really convinced.This article will with the act of friendship kindness giving people the academic basis of a duty of care as well as its origin,features,such as theory as the foundation,analogy analysis in the Anglo-American law system and continental law system about the establishment of a duty of care and infringement cases in violation of the standards,and in combination with various types of friendship disputes in judicial practice,it is concluded that the act of friendship kindness giving person a duty of care was established and in violation of the standards.This paper discusses the responsibility of the duty of care of the person who violates the duty of care of the person who ACTS in good faith,and discusses the defects and perfection of the duty of care of the person who ACTS in good faith in our legislation and judicature,which makes a clear distinction between the law and the life that is not regulated by law.Thus,this paper discusses the feasibility of establishing a general duty of care system in legislation,establishing a standard for determining the duty of care of good benefactors in friendship behavior through judicial interpretation,and standardizing the specific considerations of determining the duty of care of good benefactors in judicial judgment by guiding case sets.Friendship disputes in judicial practice kindness in giving people the feasibility of the standard of duty of care to be perfect to make all the same or similar feelings towards kindness giving person a duty of care in a case that has a unified standard,also make despite damage occurred without violation of the duty of care from being punished by the law,and promote the judicial justice.