The tort law,a law to provide relief,a law to protect liberty——Several proposals for "the People's Republic of Tort Liability Act(Draft)"
Gu Zhang
Abstract
Gu Zhang
Abstract
The debt paper in the Civil Code enacted in the future will still include an individual Act of Tort Liability which is the requirement of the structure principle of the debt law as well as reflects the historic associations between the tort law and the debt law.In General Principles of Civil Law,there are multiple meanings on the civil liability.The enactment of the tort law should focus more on the damages and concentrate on shoring up the supplementary claim,the claim for ceasing the damage in particular.Actually,it is not labeled as claim in nature.The listed benefits protected by the tort law are valuable although they are not as perfect as they should be.It will be improved to categorize the general tort acts and they work together.Only by doing that,can the tort law provide the relief to the victims in time as well as guarantee the liberty of the inflictor in earnest.
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The debt paper in the Civil Code enacted in the future will still include an individual Act of Tort Liability which is the requirement of the structure principle of the debt law as well as reflects the historic associations between the tort law and the debt law.In General Principles of Civil Law,there are multiple meanings on the civil liability.The enactment of the tort law should focus more on the damages and concentrate on shoring up the supplementary claim,the claim for ceasing the damage in particular.Actually,it is not labeled as claim in nature.The listed benefits protected by the tort law are valuable although they are not as perfect as they should be.It will be improved to categorize the general tort acts and they work together.Only by doing that,can the tort law provide the relief to the victims in time as well as guarantee the liberty of the inflictor in earnest.
Key concepts: Tort, Law, Delict, Strict liability, Damages, Civil law (Civil law), Joint and several liability, Political science