On Friendship Tort

When we mention the words of Friendship Behavior, most of Chinese do not kown about it, even many scholars also unfamiliar with it. Although some people think this term which related to interpersonal relations should embody the traditional virtues of Chinese people, such as mutual help and ready to help others, it still seems to have little to do with the legal norms. However, this kind of mutual help behaviors appear in our daily life frequently and which will lead to the infringement disputes by causing damage results. For example, your guest cause an traffic accident because of drunk driving on the way home after dinner in your house, the child of your relative has an accident because of your negligence when you help to take care of him, your friend get injured in your car when you kindly give him a ride, est. However, no matter in the circle of theory or judicial practice in China there is little studies about such problems of infringement. Only a few of scholars conducted some shallow researches about it. So it brings great difficulties to the judicial practice because of the lack of the unified legal standards about relief and treatment of infringement disputes. Therefore, this paper is devoted to in-depth study and discussion on legal problems caused by infringement disputes to promote the further improvement and perfect of tort theory and judicial practice in the civil law system of China base on a careful study of the research results about the friendship behavior written by domestic and foreign scholars.The paper gives a comprehensive explanation of the issues related to the friendship behavior and the tort of friendship in five parts:The first part is about the question of friendship behavior and the tort of friendship posed in China. In this part I listd two related real cases happened in China, and there were many disputes during the judicial practice processing of this two cases. By the way of thinking of the friendship behavior and the tort caused by friendship behavior in these two cases, I draw forth the great significance of studying friendship behavior and the tort of friendship.The second part is an introduction of the concept, legal characeristics and similar concept comparison of the friendship behavior. In this part, I draw the connotation, extension and the legal characteristics of friendship behavior from the domestic and international scholars to introduce the concept of the tort of friendship. According to the judicial practice, discusses the grounds that the friendship behavior can not be simply defined, and eventually defines its concept through understanding and summarizing its legal characteristics, strict distinction with other civil act. Focus on distinguishing the differences between friedship behavior which can be regulated by law, legal act, fact act and negotiorum gestio to further understanding the essense of the friendship behavior and laid the foundation for the discuss of the third part.The third part discusses the imputation principle and component of the tort of friendship.I will discuss and research these two aspects respectively. Firstly, I make a general introduction about the principle of infringement liability in China, and discuss which responsibility principle is applied the friendship tort. Secondly, I discuss the component of the friendship tort and focused remark on the distinctions between the tort liability components of the friendship tort and the general tort.The fourth part discusses the the mode of assumement of the friendship tort. In this part, I analyse whether the ruduced matter of friendship tort exists and how to apply it to the conditions of reduce liability firstly. Secondly, I discuss on how to avoid the tort liability caused by the friendship behavior, and focus on whether the friendship applicable to promissory exemption and legal exemption.The fifth part is some of my ideas about the analysis and the construction of the related systems of friendship behavior. Firstly, I think there is a very important significance to establish related systems about friendship tort in our country. And I make a simple introduction about the current legislative and judicial practice of the friendship tort. Secondly, I put forward some ideas about establishing related systems of the friendship tort from two aspects of the connotation and the classified methods of friendship tort and the legislation plan of the friendship tort in China.