Study On Applicable Rules Of Irresistible Force Of Tort Liability

Irresistible force as an important civil liability defense, the relevant laws of our countryare clear rules on it, but Irresistible force in understanding and application, there are still manyambiguities. In tort liability, in order to correctly determine the civil subject responsible fornatural events, social events and acts of state such forces that trigger events, need do detaileddefinition and detailed explanation for irresistible force. In different imputation principle,legal effect is different, it is irresistible force mechanisms in different tort liability caused bydifferent, therefore in order to study the force manure exemption excuses, must be the type ofanalysis in different imputation principles of law effect.China’s current "tort liability law" cannot be general provisions on resistance of exemption is reasonable, but there are still problems:definition is not clear, the scope is not clear, the unreasonable regulations, have strongprinciple, the lack of operability, in the legislative policy is appropriate, but also has room forconsider. In addition, for how to apply and perfect put forward recommendations to improvethe system of force manure.The thesis is divided into four parts:The first part: the definition and analysis of resistance of irresistible force. A detailedinterpretation of the concept and scope of an irresistible force, pointed out in the applicationshould take care: in the subjective analysis whether the actor has cognitive ability, whetherhave done our best to. Irresistible force range from natural causes, social causes and nationalreasons. In addition, the legitimacy of the irresistible is reflected in the following two aspects:first,"rights" and "freedom of action" to weigh the results; second, contains the legal value offairness and justice.The second part: type analysis of irresistance force as tort liability exemptionseffect.Based on the fault liability of infringement cases for the imputation principle, when theirresistible force is the only cause of the damage occurred or expansion, behavior shall notbear civil liability; when the irresistible force is part of the reason for occurrence or expansionof damage,by reason of force manure force part to reduce the responsibility of theperpetrator.In the case of infringement to liability without fault imputation principle, do notapply force manure should be strictly restricted, irresistible force is not general defenses inno-fault liability field. The third part:our country about irresistible force provisions problems.First of all,China’s law on the definition, irresistible for scoping vague; secondly, because of the largenumber of separate regulations from departmental interests or for other considerations, theprovision is not fair and reasonable; again,"tort liability act" in accordance with the law is tooprinciple, resulting in no liability applicable rules of tort in ambiguous, expanded theirresistible force applied in the no fault liability.The fourth part: the improvement of irresistance force rules.In China’s tort liability on theanalysis of irresistance force be based on the existing problems, puts forward definitionshould be clear, scope and criteria of clear, clearly stipulate that irresistible force rulesapplicable in the no-fault liability and the strict restrictions to applicable scope of irresistanceforce in the no-fault liability in the perfect provisions of the proposal.