Research On The Legal Issues Of The Infringement Of Friendship Behavior

Friendship behavior means that based on good customs, the parties in order to improve private friendship for the main purpose and has no legal restraint, gratuitous and helpful behavior. When friendship behavior successfully completed, the parties will not have civil rights and obligations, but when the implement of friendship behavior make beneficiary damage, friendship behavior will turn into infringement behavior and generate civil rights and obligations, entering the adjustment range of law. Because the infringement of friendship behavior is a kind of infringement caused by friendship behavior, so the infringement of friendship behavior is differ from average infringement.In constitutive requirement, the illegal act of friendship behavior infringer usually act by three ways, it is difficult to affirm the friendship behavior infringer's nonfeasance infringement in the implement of friendship behavior. In the nonfeasance infringement, the friendship behavior infringer obeys her security obligation(security obligation is a kind of obligation that every rational person should be observe, the judging standards of security obligation is the obligation of rational danger precaution, the obligation of rational danger prevention, and the obligation of rational danger salvation); The degrees of mistakes of friendship infringement behavior should take the standard of the abstract light negligence of objective negligence, it means that we should use the standard of attention obligation of a rational person who lives in social live to judge the negligence,because of the using standard of abstract light negligence is good for guarantee the freedom of friendship behavior parties and the benefit of beneficiary. The imputation principle of friendship infringement behavior is the principle of faulty liability, because obliger has abstract light negligence to violate security obligation, so obliger should take relevant responsibility. The bearing of the responsibility of friendship infringement behavior should use the rule of contributory negligence and equity principle. The rule of contributory negligence should take the property value of friendship behavior and the difficulty of friendship behavior into account, and equity principle should take the factors of friendship and gratuitous into account. A lift with good intentions making the free-rider's damage and drinking together making the drinker's damage are two kinds of typical friendship infringement behavior,they have the character of general friendship infringement behavior in constitutive requirement and the bearing of obligation, but they have their specific characters. The friendship infringement cases are usually happened in juridical practice, in order to unite judicial scale, avoid the situation of the same cases, the different judgment, it is necessary to unite judicial scale, avoid the situation of the same cases, the different judgment, it is necessary to stipulate the special infringement in ?Tort liability law??...