about defenses in tort（关于防御侵权）.docVIP

About defenses in tort Keywords: tort defense reasons justified external causes Synopsis: tort defenses is the defendant in a tort action, according to the defense of the substantive law basis, with the defense as one of the defendant, defense style is completely different. Defenses negates the legal effect of the negative elements of constituent elements. Infringement law defenses have independence, derived and exceptions. to narrow constituent elements involved in the complex process of trade-offs, and can not be derived with relative independence defenses. thus decided from external causes in the no-fault liability in more widely applicable, but does not constitute a separate defenses fault liability. First, the problem of the proposed lt;lt; Tort Liability Act of gt;gt; Chapter III provides that “does not assume responsibility for the case and diminished responsibility, the view from the legislative process, is usually referred to as the defenses.” Tort Liability Act gt;gt; through the NPC Law Work Committee for Civil Law room and the Supreme Court Tort Law Research Group published a more authoritative monograph explain Tort Liability Act provisions, in order to facilitate the understanding and application of the new law. [1] [2] However, due to its style, the provisions of the interpretation of the book focuses explain and illustrate the various defenses, defense of the basic principles of the subject matter, including tort defenses in the tort system how to define which features its set whether and to be bound by what conditions, which should be as defenses handle and what should not be used as a defense to deal with subject matter, the provisions of the interpretation of the book or not involved, or Notwithstanding involved but the truth is not very clear to say that it is a pity. Since (from our doctrinal provisions specific defenses, self lt;lt; Civil Law gt;gt; lt;lt; General Principles of the Civil Law gt;gt; 107 specifies the force maje