Research On The Composition Of Tort Liability For Violation Of The Law To Protect Others

There has been considerable accumulation of judicial decisions that violated the legal tort liability of protecting others,but all belong to individual cases.The theoretical circles have not fully discussed or even lacked this.The key to confirming this responsibility still lies in the determination of the elements of responsibility,but in order to adapt to the specificity of the violation of the protection of others' legal tort liability,the theoretical systemic re-interpretation is imperative.This kind of analysis is more convenient and smooth.According to this assumption,this article arranges the content as follows:Introduction.In addition to the conventional deployment of relevant content,this part inserts a conceptual definition to determine the internal distinction between the independent type of infringement liability that violates the protection of others' laws and the type of expanded legal source.The first chapter is the construction part of the class composition system that violates the tort liability of protecting others.This chapter mainly explains the superiority of the constitutive theory of liability constituent elements compared to the traditional flat constituent element system,and its application advantages in violating the tort liability of protecting others.The second chapter is the compliance analysis part of the constituent elements that violate the legal tort liability of protecting others.This part first re-defines the concept of behavior and damage in violation of the protection of others' tort liability according to the particularity of the hierarchy system,and proposes that the behavior and damage should be factual elements without subjective value evaluation that can cause legal consequences At the same time,the behavior and damage requirements are subdivided according to the internal distinction system.In the part of causality,it is believed that the theory of considerable causality should be applied directly in the tort liability for violation of the protection of others to judge the causality between the behavior and the damage.The third chapter systematically analyzes the illegal elements and accountable elements in the system of constitutive elements that violate the tort liability of protecting others.In the illegality part,the relationship between the behavior and the illegality is clearly defined.Secondly,this article believes that the violation of the legal protection of the tort liability of protecting others should be an independent component,and cannot be absorbed by fault.The external duty of care required by the law to protect others should be used as the criterion for judging whether the behavior has a relativistic behavior,and the characteristics of the law of protecting others that can be the source of the standard of external duty of duty should be analyzed in a general manner.Thirdly,whether the behavior ultimately constitutes illegality also needs to be judged by whether the actor has the possibility of understanding the laws of protecting others and whether there are illegal obstructions but the reasons.Finally,this article is also based on the inherent purpose of the law to protect others.It makes a systematic analysis of the compensable elements of the victim's damage request,that is,the scope of rights and obligations and the purpose of protecting the legal purpose of protection or regulation of the protection of others The scope of the object;in the responsible part,the basic point of this article is: in the composition of the tort liability for violation of the law of protecting others,responsible can not be dealt with in the same way as illegal.Responsibility needs to be resolved as to why the actor should be blamed and how to blame it.It should contain three subjective evaluation elements: one is the judgment of the actor's subjective fault;the other is whether to judge the illegality and the fault There are situations that can be inferred from each other;third,the principle of proportionality needs to be used to further clarify the scope of damage compensation for violations of the tort liability of protecting others,in order to avoid the situation where the distribution of losses does not match the size of the fault,and the protection of personal interests and There is a significant imbalance between the protection of public interests.