Some Theoretical Problems Involving the Formulation of Law of Tort in Civil Law Code
Yang Lixin (Law School,Renmin University of China,Beijing 100872)
At present, the main theoretical problems in the process of drafting the law of tort in Civil Law Code concentrate on the fellows: Firstly, the Civil Law Code claims it should stipulate not only the absolute right of claim, but also right of claim of tort in the law of tort. Therefore, it must harmonize the relationship between the said two rights. Secondly, the general articles of law of tort should adopt the" Ethiopian style" which generalizes all the tort behaviors. Thirdly, the law of tort must stipulate all sorts of tort behaviors, but the further research still need be strengthened to systematize them in order to make the said provision more suitable to the situation of China and the judicial practice.
【CateGory Index】： D923