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A Study On The Infringement Of Several Persons In China

Posted on:2018-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y PengFull Text:PDF
GTID:2416330518959015Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The number of people in the tort liability is not only has to make up for the damage,but also well protect citizens legitimate rights and interests,the interests between victims and perpetrators can better balance,which is conducive to a harmonious and stable social order.As a special tort law,the tort of several persons is of great value to the study of its type.On the one hand,helps to build a complete system of several tort in our country,the number of people to promote the theory and legislation of infringement of the continuous improvement;on the other hand,is helpful to the judicial practice to solve the problem of the number of people infringement cases.The academic log infringement and definition of the concept,elements and the way to bear responsibility,there are still many problems,especially in the current issue of "tort liability law" after the logarithm infringement understanding in theory is too narrow,there will be "tort liability law" promulgated before the traditional classification the theory to explain the provisions of existing legislation phenomenon.Overall,in the current legislative mode has not formed the concept of several tort of the upper,the different tort well distinguish that different standards exist in the division of joint tort,joint dangerous behavior,and tort tort types on.In addition,the cognizance of the behavior in the case of the infringement of the person and the confusion of the application of the law have been the urgent problems to be solved in the judicial practice.According to the above problems,the author will study the tort of several persons in the following aspects from the perspective of the analysis of the tort of several persons:The first part will be combined with the single tort theory,to distinguish between the basis of the concept of tort and several related concepts on the new definition,necessity and puts forward several tort type;the second part,through the comparative analysis method,the status quo and problems on the classification of tort type in China the number of summary.The third part,combining several tort theories on China's current legislation mainly several species tort type;the fourth part,through several cases of judicial status problems of the tort committed by several persons,and the key to solve the problem and put forward some suggestions on perfecting the.
Keywords/Search Tags:Several person infringement, Single infringement, Joint infringement, Separate infringement, Perfect suggestion
PDF Full Text Request
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