On Tort Liability of Legal Agent——Also A Discussion on the Perfection of Article 133 of "General Provisions of the Civil Law"

Comparing with other special tort liabilities,in that of the legal agent there exist many more unique characteristics,for instance,the special nature and principle of imputation of such a tort liability.However,this uniqueness in civil law theory has not been reflected in China's present legislation,on contrary Article 133 of the General Provisions of the Civil is not only against the above mentioned civil law theory,but its legislative technique is also crude,cause great difficulty to its judicial application.Dating back to the development history of legal agent tort liability system,taking as reference the legislative examples of Continental Law System countries,it can be found by deep exploration of the legal agent tort liability that there are points to be discussed and perfected in Article 133 in China's General Provisions of the Civil both in substantial content and in logical form.