| Since the Tort Law of the PRC came into effect on July1st,2010, the tort scholars turn their eyes from legislation to interpretation of the tort law. Considering that the ends of the roads which provided by the specific legal provisions will change if the way differs, we should spend more time on the research of the interpretation theory of the tort law when we now do more research on the interpretation of the specific legal provisions. This paper selects corrective justice’s interpretation of tort law as the topic and is composed of three chapters. By representing Aristotle’s meaning of corrective justice and some scholars’application of it to the tort law, who turned their attention to corrective justice in the late1970s, the first chapter tries to systemize the corrective justice theory and to abstract the essentials of the theory, and denies that these tort scholars who research on corrective justice are talking about its new connotations hiding in the authority of Aristotle’s corrective justice. Chapter Ⅱ provides a comparison of corrective justice and other interpretation theories of the tort law. Firstly it lists and analyzes the main interpretation theories, then put forward that the interpretation of corrective justice is more reasonable. The third chapter discusses the location of tort law which interpreted by corrective justice in the comprehensive relief system. Not only the relationship between the tort law and the social security system but also the relationship between the tort law and the insurance system becomes distinct under the interpretation of corrective justice, which limits the application of tort law with its closed structure. |
