2008•Journal of Jiaying UniversityRequires access

The Review and Reconstruction of Our Country′ s Institution of the Natural Person′ s Capability for Civil Liability

Chen Bang-feng

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Abstract

A natural person′s capability for civil liability is the foundation of judgement,only existing in the liability for fault.That a natural person without the capability for civil liability should not be charged with liability is the result of applying the liability for fault.The Civil General Rule′s provision about the institution of the natural person′ s capability for civil liability has disfigurements,such as criterion of judgement being irrational and imputation principles disordered.Reconstructing our country′ s natural person′ s capability for civil liability must properly settle the problem of concept,quality and judgement′ s criterion of the capability for civil liability.

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What this paper is about

A natural person′s capability for civil liability is the foundation of judgement,only existing in the liability for fault.That a natural person without the capability for civil liability should not be charged with liability is the result of applying the liability for fault.The Civil General Rule′s provision about the institution of the natural person′ s capability for civil liability has disfigurements,such as criterion of judgement being irrational and imputation principles disordered.Reconstructing our country′ s natural person′ s capability for civil liability must properly settle the problem of concept,quality and judgement′ s criterion of the capability for civil liability.

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Available abstract

A natural person′s capability for civil liability is the foundation of judgement,only existing in the liability for fault.That a natural person without the capability for civil liability should not be charged with liability is the result of applying the liability for fault.The Civil General Rule′s provision about the institution of the natural person′ s capability for civil liability has disfigurements,such as criterion of judgement being irrational and imputation principles disordered.Reconstructing our country′ s natural person′ s capability for civil liability must properly settle the problem of concept,quality and judgement′ s criterion of the capability for civil liability.

Key concepts: Legal liability, Judgement, Liability, Strict liability, Delict, Natural person, Institution, Irrational number

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