On The General Clause Of Substantial Justice In China From The Perspective Of Tort Law

The general clauses of Tort Liability Law are the core clauses of Tort Liability Law, there are relevant research in the mode of establishment and practical operation in every country's Civil Law theory. The Tort Liability Law of the PRC was issued in 2009. The establishment of the general clauses of Tort Liability Law with Chinese characteristics has great meaning in the perfection of our country's Tort Liability Law. Moreover, the theory of justice has always been one of the important points in the research of legal theoretical circles, and substantial justice is the final pursuit of the law. This essay is in the double background of theory and practice, the starting point is the theory of substantial justice. It analyzes the establishment mode,responsibility principles,constitutive requirements,functions and application scope of the general clauses of our country's Tort Liability Law one by one. It gives an objective evaluation of the general clauses under the target of substantial justice. It analyzes the advantages and disadvantages of the general clauses. It not only affirms the rationality and utility, but also provides corresponding proposals to perfect the general clauses. The intention of this essay is to explore the new connotation of the general clauses of our country's Tort liability Law from the point of view of pursuing the legal justice.