A New Probe into the Degree of Negligence in Civil Law
Zhao Shou-jiang
Abstract
Zhao Shou-jiang
Abstract
The degree of negligence is a basic problem which has been neglected by the academic community in civil law and it is necessary to further the probe into it.The determination criteria of material negligence isn't the duty of common care.Material negligence is approaching intention.We should set the lack of lowest degree of care as the legal criteria of material negligence.Concrete negligence is judged by care degree of the specific man,so it shouldn't be regarded as slight or material.So concrete slight negligence isn't an exact statement.But there is unique legal value in concrete negligence which should be introduced into Chinese Civil Law in order to perfect the degree of negligence.
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The degree of negligence is a basic problem which has been neglected by the academic community in civil law and it is necessary to further the probe into it.The determination criteria of material negligence isn't the duty of common care.Material negligence is approaching intention.We should set the lack of lowest degree of care as the legal criteria of material negligence.Concrete negligence is judged by care degree of the specific man,so it shouldn't be regarded as slight or material.So concrete slight negligence isn't an exact statement.But there is unique legal value in concrete negligence which should be introduced into Chinese Civil Law in order to perfect the degree of negligence.
Key concepts: Res ipsa loquitur, Law, Degree (music), Statement (logic), Duty, Civil law (Civil law), Value (mathematics), Duty of care