Theoretical Analysis of Legislation of Tort Law

Debt in Roman law derived from crime.Original pledge is the typical debt.Debt in Roman law is compulsory and with the nature of property.In civil law system,tort falls under the category of debt,which is with the nature of property,and the law regulating which is property law.According to the traditional civil law,obligation and liability are not strictly distinguished from each other.But with the development of modern jurisprudence,it is necessary to discriminate among duty(obligation),liability and legal sanction.There are advantages and disadvantages in the theory of right of claim Anspruch in German civil law.For China,the theory of right of claim and the legislation mode of tort from German should be borrowed and reformed,and the meaning of restitution should be narrowed as well.Tort law should be established on the foundation of the several forms of liability established in General Principles of the Civil Law.The Civil Code should base on the conception of right,serve the legal relationships at the core,and establish the scientific conception of debt and civil liability system.In this thesis the author also proposes the suggestion for the legislation of Tort Law.