Legal Philosophical Basis Of Infringement Liability

The academic research about Legal Philosophical Basis of Infringement Liability can be broadly attributed to theory of rectificatory justice, combined theory of rectificatory justice and distributive justice, theory of benefit value, combined theory of rectificatory justice and benefit value.When the rectificatory justice theorists explained the legitimitat of infringement liability, they put more energies on the positive angle how the infringement liability system by means of institutional arrangements to achieve rectificatory justice, instead of studying defense prevent occurrence of the infringement liability whether was a concrete manifestation of rectificatory justice. Combined theory of rectificatory justice and distributive justice theorists think that the fault liability and no-fault liability were to meet two types of justice, distributive justice is the precondition of rectificatory justice, rectificatory justice is subject to distributive justice, fault liability achieve rectificatory justice. Benefit value theorists rely on the theory of economics, demonstrate infringement liability complex and precise, the purpose of infringement liability is to satisfy the maximum benefit. Such theory do not have the nature link the parties in infringement legal nexus appropriate, easy to deny the unique nature of infringement liability system, fuzzy boundaries of private and public law. Combined theory of rectificatory justice and benefit value think that distributive justice is the precondition of rectificatory justice, rectificatory justice maintain distributive justice; The correction of infringement liability preserve the distribution pattern of interest established according to the requirements of distributive justice. The concept of benefit value was gradually introduced to the area of law because of the interaction between the law and social and economic activities as the value of tort law, and become the value pursuit of tort law.Aristotle's rectificatory justice have the bipolar characteristics which links both parties and formalism temperament, each individual equal free will provides the necessary support for its operation. Rectificatory justice and distributive justice are two types of concrete justice because their different operation modes and independent value. The distributive justice links whole social members or the part accord with a standard, resolves the intragroup distribution of normative resources; rectificatory justice concern concatenated both parties for some reason, revoke the illegal transfer of normative resources. Fault is the directly imputation basis of fault liability. At the end of the fault is improper behaviors of injures, another end is loss victims due to improper behavior has been got normative lost. When the infringer was ordered bearing infringement liability due to his fault, illegal transfer of normative resources was corrected, and equality was restored, rectificatory justice achieved. No-fault liability required that the people caused the loss occurred can't be relief by means of proved himself have no fault, injustice of behavior still is directly imputation basis of no-fault liability, when this injustice of behavior was corrected, rectificatory justice has been got achievement fault liability and no-fault liability have unity and unicity in direct-coupled both parties, both of they are coherent declarative procedure. Infringement liability gets autologous unity by means of correction to injustice behavior for the rectificatoyr justice, proved autologous uniqueness. Defense explan that, if there is not injustice behavior there is not infringement liability, so the setting of the defense system correspond with the aim of rectificatory justice. As a whole, the legal philosophical basis of infringement liability is rectificatory justice.