2006•Journal of Jiangsu UniversityRequires access

The Unconscious Tort Act on the Part of Inflictor

Qian Ma

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Abstract

There exist a great many tort acts on the part of unaware inflictors in real life and numerous rulings prescribing that all the probable inflictors together shoulder the liability of impingement.In light of imputation principle,such rulings are against any imputation theory.Within the current legal system in China that hasn′t a clear definition of the liability for tort acts,a suit of tort acts should not be treated as the best relief way for victims.Instead,other methods should be used,like resorting to the criminal public right,the compensation of occupational injury,the accidental injury insurance,the life insurance and the social security.

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What this paper is about

There exist a great many tort acts on the part of unaware inflictors in real life and numerous rulings prescribing that all the probable inflictors together shoulder the liability of impingement.In light of imputation principle,such rulings are against any imputation theory.Within the current legal system in China that hasn′t a clear definition of the liability for tort acts,a suit of tort acts should not be treated as the best relief way for victims.Instead,other methods should be used,like resorting to the criminal public right,the compensation of occupational injury,the accidental injury insurance,the life insurance and the social security.

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Available abstract

There exist a great many tort acts on the part of unaware inflictors in real life and numerous rulings prescribing that all the probable inflictors together shoulder the liability of impingement.In light of imputation principle,such rulings are against any imputation theory.Within the current legal system in China that hasn′t a clear definition of the liability for tort acts,a suit of tort acts should not be treated as the best relief way for victims.Instead,other methods should be used,like resorting to the criminal public right,the compensation of occupational injury,the accidental injury insurance,the life insurance and the social security.

Key concepts: Tort, Imputation (statistics), Compensation (psychology), Liability, Business, Accidental, Strict liability, Actuarial science

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