On Intention In Tort Law

As everyone knows,"The people’s Republic of China tort liability law"(hereinafter referred to as the "tort liability law") has been formally implemented onJuly1,2010. Its system and rules are established on the base of adaptation to thecenter of infringed protection, which fully reflects the people-oriented spirit. Thismarks further improvement of China’s socialist legal system, and it promote furtherestablishment of China under the rule of law. In the past more than four years’implementation of the tort liability law, it plays an irreplaceable role in protectingcivil subjects’ legal right, stipulate tort liability, preventing and stoppinginfringement act and promoting social harmony and stability. But it is undeniablethat it shows its boundedness in some respects.Deliberately, as an indispensable component of fault in tort law, occupy a veryimportant position in tort liability law. However, that negligence and intention bothare called fault in the Chinese tort liability law and their values aren’t expoundedalone seems that they are just distinguished in superficial appellation and covers allthe values of intention in some degree. As Von Baer in "comparative law of tort inEurope (bottom) points out, the continent law should be aware that intentional tortrequire independent rules in some way. It’s unfair to put intention tort on the level ofnegligence and just treat them as the two kind forms of "fault liability". Therefore,here I want to try my best to explore the intentional tort’s meaning, definition, valueand deficiency in our tort liability law. And then I can look forward to makecontribution to further perfect the tort liability law of our country. This thesisconsists of four parts:The first part mainly discusses the overview and definition of intentional tort intort law. By comparing different definitions of intentional tort in tort law betweenour country and other countries, such as Germany, France, Britain and America, wecan find out the differences and relevant insufficient, then learn the valuableingredients. Here, I will emphatically expound the definition of intentional tort in our country, including the concept, components, basic forms of intentional tort intort liability law and so on.The second part mainly discusses the nature of the intention in the tort liabilitylaw. From the aspects of characteristics, forms of expression and the level ofmalignance, this part discusses the differences between intention and negligence inChina’s tort liability law and the importance of differentiation of them. By thedifferentiations, independence of intention can be found, which leads into thecontent of the third part: the value of the intention of the tort liability law.The third part is the key part of the thesis, mainly discussing the value ofintention in the tort liability law. By comparing the important value of intention inother countries’ tort law and China’s tort liability law, the important position of theintention can be noticed, which will enable people to see the importance of intentionand have a better understanding of it.The fourth part, which is the last part of the article, mainly discusses thedeficiencies and the improvement of the intention in tort liability law in China. Bydiscussing the deficiencies of the intention, which is the lack of sufficient attentionto intention, the author puts forward his own ideas on intention and how to betterimprove the regulations of intention, hoping to be helpful to the development of thetort liability law and make it play its role better.