Research On Preventive Tort Liability

Modern society is a typical risk society,everyone is facing the challenges of various infringement risks brought by risk society.Once the impairment of the damage is difficult to restore the principle,especially when facing special types of infringements such as human rights infringement and environmental infringement.Traditional infringement responsibility method only pays attention to post-abundance of the victim,and cannot perform prior interventions on the upcoming or not endless infringement,therefore stopping the infringement,excluding the hindrance,eliminating the risk as the main responsibility The responsibility of infringement should be born.Any law has prevention,but the preventive infringement responsibility is different from the abstract prevention function of the law.Preventive infringement responsibility has prevention and prevention of specific levels,the purpose of preventing damage or has the characteristics of preventive,timely,and effectiveness.In nature belonging to an infringement responsibility,the infringement responsibility system is jointly constituted with compensatory infringement responsibility and penalty infringement responsibility.Whether it is from preventive infringement responsibility or its legal value,its existence has a legitimate theoretical basis and basis.The preventive tort liability system in our judicial practice has the status of low application rate and confusion.The poor application in practice is the external manifestation of the problems of the preventive tort liability system itself.The system itself has the following problems: first,the imputation principle is not clear;Second,the constitutive requirements are vague;Third,the relationship with the absolute right of claim is unclear;Fourth: the relevant supporting measures for the realization of the security system are not perfect.The existence of these problems has seriously affected its preventive role.Reference and reference are the foundation of institutional innovation,in the investigation of foreign relevant systems,the analysis is conducive to the improvement of my country’s infringement responsibility system.In modern times,it has become the trend of harm to the development of national infringement law.On the path of preventive infringement responsibility,my country and the United Kingdom and the United States are similar,all developed within the infringement method.Unlike some countries represented by Germany,it will extend the development path of preventive infringement responsibility in the starting point of the countries represented by Germany.The Description of the United Kingdom and the United States has the words of infringement and Tort,and the court never requested "fault" and "actual damage" requirements during the establishment of Infringement.Germany’s applicable scope of infringement prevention responsibility and the trend of expanding the disguise,it is conducive to better protection of the rights and interests of the parties,especially for the prevention of incurred violations,this concept is worthy of my country’s infringement Liability system is drawn on.To promote the application of preventive infringement responsibility in practice,there is a prevention of the current prevention of the prevention of infringement responsibility system in my country.The following four aspects: First: Determine the principle of non-fault,second: clear responsibility Component,including behavior,result,causal relationship;third: clarifying the relationship between preventive infringement responsibility and absolute claim,and playing the two protected roles of equity.Fourth: Establish "Damage Prevention Board" and "Alternative Performance" system,providing strong program support for preventive infringement responsibility.