On The Violation Of Regulatory Norms And Judgement Of Negligence

It is difficult to make the abstract and vague concept of negligence precise in judicial practice. Regulatory norms always set up the conduct standards,and negligence is the violation of duty of care, which brings some close connection between them.Judges always quote the correlative regulatory norms to judge negligence,and deem that the violation of regulatory norms is equivalent to negligence,which makes the judgement of negligence absolute.According to the analysis of this thesis, judges should distinguish the different functions of regulatory norm in the judgement of negligence based on the regulatory norm whether it is characterized by the protection of individuals.An actor who violates protective norms shall be presumed to be in negligence by primary-face proof,but the actor can overturn the presumption by disproof that he doesn’t violate the duty of care in the violation of protective norms or interests. An actor who violates non-protective norms shall be deemed as an evidence of existence of negligence.