On The Tort System Of Physical Violence Directly On In Britain

"Trespass to person"is a traditional and historic type of English tort, which can be traced back to a 13th century writ. Its rules and systems have matured and become perfected over many years of development. Trespass to person refers to the intentional and direct application of force to another person, involving direct interference with a person's body or liberty. The integrity of a person's body is the most important and basic human right, and should therefore be protected regardless of whether actual damage has been suffered.In the first part of this dissertation, a definition and description of the features of trespass to person are presented. The characteristics of trespass to person are analyzed, that is, it is committed via forcible contact and is without the burden of proof of intention or negligence, as this type of tort is actionable per se. The structural relationship between trespass to person and criminal procedure and negligence is also expanded upon. In the next section, this dissertation systematically discusses the three typical torts in trespass to person: battery, assault, and false imprisonment (which is the dominant trespass to person in modern society). An analysis of theories and principles, structural elements and defences in each field is also provided and expounded based on the study of a bulk of cases. Following this is an analysis of acts (other than trespass to person,) which are calculated to cause physical harm, including the rule established in Wilkinson v. Downton and the statute law The Protection from Harassment Act 1997. The rule of Wilkinson v. Downton deals with the situation where harm is intentionally but indirectly inflicted, whilst The Protection from Harassment Act 1997 provides more comprehensive protection against psychological disturbance. In the final part of the dissertation, the actuality of the Chinese legislation and judicature is presented, and the deficiencies of the personal harm system are highlighted. It therefore underlines the importance of the study of the system of trespass to person in English tort law in order to form a legislation proposal to draft, establish and refine the related system of the Chinese tort law.