Study On Affirmative Duty Of Torts Law

As an important part on torts, Affirmative Duty to Act on Torts Law has a more specific nature and a particularly importance to the judicial precedents and state legislation. The development of theory of Affirmative Duty on Torts Law is not perfect in our country, nor has much attention. In recent years the number of new cases appears, however, the traditional torts law suffered the embarrassment. Compared to positive infringement of right, there is no positive and visible act, but a negative static one in nonfeasance tort. Obviously, it is untenable to determine the legal liabilities of the defendant on the basis of the theory of positive torts. Meanwhile, because the legal liability on nonfeasance tort has its own particularities, the research on nonfeasance tort should be different. The paper, therefore, is a focus on Affirmative Duty to Act as a more thorough study with a different approach contrast to the traditional tort. Also, on the basis of study and summarized the existing legislation in China, the writer try to put forward some helpful points on the legal model and improvement.