No Right Possessor's Duty In Tort Law When The Possession Occupied By The No Right Possessor Causes Others Damage

Based on phenomenon no right possession causing damages to others during possessor is not entitled to possession, the dissertation discusses the tort theory of justification, tort responsibility found; tort accountability and tort defense altogether four parts to analyze tort responsibility when no right possession caused damages.The first part discusses the feasibility and the necessity of no right possession caused damage to others.First of all, the dissertation discusses the objective presence of no right possession causing damage to others ,and propose person not entitled to possession causes damage for possessing the right exterior condition, gross negligence, not make a reasonable duty of care and no fault condition to prove tort responsibility occurs everywhere when possession causes damage to others.Secondly, no right possessors should take tort responsibility according to the requirement of publicity principle and requirement of being consistent with right and obligation and requirement of reducing the cost of compensation and repayment.The second part discuses how to find tort responsibility.First of all, responsibility principle is discussed when no right possessor to possession causing damages to others.One, Principle of Liability without fault is applicable when possession of property is dangerous items .In this situation, subjective fault of possessor and owner, its accountability mechanisms doesn't stress subjective judgment and behavioral assessment but avert to dangers, for owner has the custody of possession that others cannot replace.Two, if the goods are faulty materials, doctrine of presumption is applicable. When it comes to possession is faulty materials, it refers to possessor has natural or artificial defects which ranges from dangerous and harmless goods, and just such defects causes damages others. Doctrine of presumption is applied in order to protect victims, make victims on a good wicket, and make owner and possessor assume responsibility reasonably.Three, if possession is simply common items, in this situation cases apply to doctrine of no-fault liability and the principle of equitable liability. If the possessor commands inappropriately or operate improperly which makes the possession causes damages to others, no right possessor should bear the responsibility.Principle of equitable liability is applicable when possession is common items and the victim is not damaged by the fault of any party. When a possession is when the common items, the injured party and no right possessor even the owners have no subjective fault, harm may be occurred for minimal risk of accidental factors, or the tragic accident, this time the principle of equitable liability require behavioral responsibility to be conditional, the rules is based on the needs of people living together, in the application of the principle of fault liability when the property by the parties, the judge will make a reasonable allocation of the situation to return to normal as soon as possible to fill the damaged state of the ruling order.Secondly, the article discusses the composition of elements of tort liability of no right possession causing damages to others.One, the subjective fault, dangerous laissez-faire attitude has led to subjective fault of people not entitled to possession. Two, the damage facts, no right possessor causes damages because of human negligence in the period of possession. Damages contain personal injuries and property damages. Three, illegal acts, violations of people's improper management, improper use of command and improper conduct, the offenses can be as active form, can be as a passive form. Fourth, causality, the causal chain of logical reasoning in specific cases of damages to the occasion, the dissertation put forward to find the reasons fair causal relationship law, proximate cause law and the legal fiction Relations Act to determine infringement liability causation .The third section discusses the form of tort damages on no right possession causing damages to others.At the beginning, the form of responsibility includes removing hazards, restitution and standing the loss. Liability can be used alone or altogether, compensation is in a wide range of applications.In addition, burden-bearing is divided in the case of three forms. Firstly, when possession is dangerous goods causing harm to others, owners assume the sole responsibility. Individual responsibility is a compensation form that means a single person as the perpetrator abuses another person, causing injury to another for the consequences. When a possession is dangerous goods, the owners directly bear the responsibility alone, let go of liability of no right liability, because subjective fault of the owners completely absorbed subjective fault of no right possession. Individual responsibility is bored by implementers themselves, constitute a separate form of liability. Secondly, when a possession is a defect causing damage to others ,liability accountability can be as follows: if the possessor in good faith with no fault owners assume the replaceable responsibility; in the event of the possessor in good faith under a mistake , the owner bears the added responsibility. Good right to possession and ownership of people infringing on their different causes and produce the same number of paid content responsibility, the burden of all the various obligations directly responsible for damage liability in accordance with the first order, who bear the added responsibility of only In the first sequence or a responsible person able to escape only by the added responsibility to repay the debt liability. Malicious possession and owner jointly and severally liable, as common a possession of laissez-faire has a defect which causes harm to any defect, subjectively, the specific fault, the establishment of tort liability. At this time no right to possession of a malicious person who knowingly did not have the legal basis for the occupation of the property, not ownership of malicious people do not truly understand their own physical attributes of possession of goods, that is, the subjective good faith no right to possession than the people do not care whether can not be a defense. If owners know that their items have defects which could causing damages to others, but doesn't warn to others, assume laissez-faire attitude and constitute subjective fault. Thirdly, when possession is common items, tort liability can be beared by equitable responsibility. No right to a possession of the possessor's responsibility is in fault direct responsible, because no right to obtain possession in possession of negligence, such as directing, guiding errors. Assume direct responsibility constitute the basis of general tort.The fourth section discusses the defenses when no right possession causes damages to others.Firstly, the general defenses are the subject of self-defense, necessity, commitment and the victim of force majeure.Secondly, the exclusive defense reasons by reason of occupying the length of time. Factors involved enough to cut off causation factors are divided into material and human factors. No right possessor can order this as a defense reasons. Reasons of orders, the owner make many commitment to the public on many occasions that the possession of property are safe, make the public including no right possessor believe that commitment by owners, no right possessor can take this as a defense request to be excused or reduced liability. Respect social equity and justice, if the victim party has received corresponding compensation from the owner, it is not allowed to asked again to fill their losses. Victim fault, no right possessor can request to reduce liability according to the principle of fault offset.