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Top people court about trying statute of comfortab

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Above of the 4th 2 people carries out the behavior that endangers other person security to be caused jointly damage consequence, cannot define person of behavior of actual enroach on, ought to the 130th regulation assumes general rule of according to civil code joint liability. By its behavior does not cause collective danger can prove to damage consequence for the person all right, do not assume liability to pay compensation. Obligee of the 5th compensation sues a part of collective infringer, people court ought to increase other and collective infringer to serve as corespondent. Compensatory obligee abandons the lawsuit of collective to the part infringer requesting in lawsuit, the compensatory share that the respondent that to be being abandoned lawsuit asks ought to assume other and collective infringer does not assume joint liability. Extent of liability decides hard, illative each are collective the infringer assumes coequal responsibility. People court ought to inform the legal consequence that abandons litigant request compensatory obligee, it is the case that abandons litigant request in legal copy clerk appraise bright. The 2nd part is go to the 16th from the 6th. What these 11 article set is the tort behavior of new type, it is before the problem that law and judicatory explanation never fix. From " civil code general rule " a lot of new tort behavior types often are encountered between judicatory practice since carrying out, the tort behavior of these new types formed 11 present article through summary. The particularly main tort duty that violates safe safeguard obligation like the 6th sets, the tort behavior that guarantees obligation to violating security made very clear, first-rate provision; Resembling the 7th is the regulation that harms accident compensation about the student, also be newest made detailed provision; Go to the 10th to the 9th from the 8th, what these 3 article set is corporative tort liability, employer liability still have make a person indicate negligence liability to wait surely. These are the tort behavior systems that the standard needs very much in reality, the elite that so I say to person damages judicatory explains 36 article is in this one part. This one part provided the tort behavior kind of 9 kinds of particularly serious enroach on person probably to the tort behavior of new type. Look from the angle of cost, precaution produces cost is the society to to pay with what damage, if can be paid with inferior cost,replace higher cost to pay, looking from social angle is businesslike. Visible, the obligation that will assume precaution by who perhaps damages the responsibility after happening, matter to party to want the cost of defray not only, still can affect the implementation of social fairness and efficiency directly. It is with battalion of silver-colored go by exemple, if legal regulation asks " compensates for obligee " to assume obligation or responsibility, so social cost is highest undoubtedly. Every person that goes to a bank taking a money must consider various safe preventive measure, if spirit is high-strung, put on ballproof garment, take a stick or look for a bodyguard to wait a moment. And actually the happening of the accident probability to individual minimum is person extraction a money, for the accident that dinky probability produces, law the prevention cost that its give high specified number, to individual and even whole society interest character is wasteful, can bring about social efficiency more reduce. And the bank should pay the prevention cost that is less than all client place to want to pay far only, can eliminate safe hidden danger, make oneself are benefited with countless clients thereby. The circumstance of the management place such as hotel, meal also is such. Accordingly, to the society character, letting operator assume safety to guarantee obligation is the most businesslike legislation regulation undoubtedly. Pursuit society cost is the smallest the mind that change is reflected as much was in the tort liability of student harm accident (the 7th) , staff member of legal person or other organization sends a person to damage responsibility (the 8th) , employer liability (the 9th) . The metaphor that these obligation or responsibility allocate regular backside will live to ours deep, the behaviour that affects us is regular, stimulative society is more businesslike, fairer also. Accordingly, rule personnel is necessary to comprehend this metaphor deeply, it is value orientaton with this. The 6th goes to the 16th in all the content that 11 article provide. The content of this one part is very rich, involve the tort behavior of a lot of new types and its liability. (one) the tort act that violates safe safeguard obligation says the first kind first, the violates safe safeguard obligation tort action that judicatory explains to the 6th sets. In these 11 article that provide tort behavior kind, this one sets best, the most valuable. It although article is simple, but content says the most clearly. In judicatory practice first time attention disobeys safety to ensure voluntary tort action, was 1999 a case that Shanghai court hears, this case calls " the Milky Way guesthouse case " later. 1998, guesthouse of Shanghai the Milky Way produces a guest one case to be robbed inside guest room the malign case of be murdered, parents of after this dead is sued, to this guesthouse claim for compensation more than yuan 1.33 million. Details of a case is: On August 23, 1998,Chain Link Fence, wang Mou of general manager of limited company of comfortable medicine of Shenzhen city writing robs be murdered in galactic hotel guest room. Police after the event records the discovery in the data from the safe monitoring system of guesthouse, treasure of murderer complete luck is being entered room before committing the crime, ever Wang Mou of follow at sb' heels, be in a day in 8 fluctuation elevator. But to suspicious-looking Quan Ruibao, personnel of guesthouse security personnel does not have the interrogate before one person goes up. The dead's parents thinks galactic guesthouse is serious neglect one's duty, ought to assume tort responsibility. On June 21, 2000, shanghai grows peaceful district court to make first instance adjudicate to this case, maintaining what build between galactic guesthouse and dead is service contract concern, the person safety of pouch belt person that include to be opposite is responsible. Guesthouse fails to cash the security personnel of the management that its are based on pair of guesthouse and the "24 hour that make to entering excellent service of the guest is perambulatory, ensure your person is safe the acceptance of " , the agree carries responsibility of breach of contract. This case is the first tort behavior case that violates safe safeguard obligation. From this later, take seriously and the tort behavior of this kind of type is studied deep, up-to-date drafted specific regulation. According to the provision that judicatory explains, assuming safety to ensure compulsory main body is the organizer of operator and other society activity, those who be protected is the participator of consumer and social activity, this limits came down surely with respect to the bound. Between management activity and consumptive activity, the organizer should use up safety to guarantee obligation to the life property of consumer. If do not have safety to guarantee obligation, cause other to damage, be about to assume tort responsibility, this set even if this train of thought makes comply with. This regulation basically is the system that draws lessons from Europe, United States and British likeness. Actually the legal precedent law of the United States, England has more draw lessons from a meaning. Law of act of tort of the United States, England calls behavior of this kind of tort land interest to have the person's responsibility. The view that I feel interest of this kind of American land has a person provides easier understanding than ours, also more easy to handle, I want to consider according to the train of thought of American, can have more auspicious place. Land interest of the United States has the person's responsibility to say is, no equipment matter undertake why be plantinged activity, want you to own land only, there is your interest on land, no matter you have land it may not be a bad idea, use land it may not be a bad idea, you want to assume safety to guarantee obligation to entering the one of land, this safeguard obligation is not identical, the capacity of the person that can go up according to entering land increase will distinguish: The first kind of person makes suffer the person that invite, it is active that land interest has a person person, invite other actively to enter, because this should bear very tall attention compulsory. The 2nd kind is the person that visit, the person that visit is belonged to active person, regard land interest as occupant for, have to the danger in land interest only tell obligation, do not have the announcement responsibility that attributes land interest occupant, the liability that damages the person that belong to a visit is created after informing, the attention of land interest occupant is compulsory reduced. The 3rd kind calls common person, those who tell is the person that authority enters land field, for instance official of mailman, revenue waits, these are the people that authority enters land. As common person, it is same that this kind of support of the people suffers the person that invite. The 4th kind is minor, *****ren lacks judgement capacity, when the risk that if be had among land interest,has allure to *****ren, land interest occupant must take the step of 3 respects: The first, or eliminates this risk; The 2nd, or makes *****ren and danger are kept apart; The 3rd, or undertakes reforming, take necessary step, make danger cannot happen. If also was not done like these 3 kinds of methods, *****ren is entered cause among land damage, land interest occupant should assume liability to pay compensation, should bear highest attention to *****ren so compulsory. We divide behavior of this kind of tort into 4 sort model: The first kind, facilities facilities did not use up safety to guarantee obligation, this is affirmatory to the safety of hardware respect, have drawback to hardware, all did not ensure obligation to cause to safety damage, should lose liability to pay compensation. This kind of circumstance has a very typical case. 2002 when, the north that is in Beijing built a hotel on 3 annulus road, it is the Zhejiang hotel that Zhejiang visits a government to be built in that, there is to equipment match a building below this guesthouse, opened a restaurant, run the Hangzhou side course of Zhejiang Hangzhou technically. In practice before today, hangzhou is stationed in Beijing to do the famous fellow-townsman of entertainment Zhejiang, a of the CCTV female compere also played treat on invitation, the staff that joins fete is inside the hall repast. This hall is very old, a piece of desk is put in fire control passageway on the edge of urgent exit, push this door fire control passageway is outside. Because just practice, baluster has not been installed on the edge of passageway of this fire control, the door also does not have lock, this door is pushed, forward a few paces can drop first floor directly. Compere sits to have a meal on this desk, just begin to have a meal, her mobile phone rang. Everybody has a meal together, voice is very big, she rises outside taking a mobile phone to go to, the face goes, push the door to walking along conversation at the same time at the same time, it is a shriek then, the person disappeared. These people hear a scream, rush out rapidly, see a person had lain in pool of blood below. Send hospital rescue her rapidly, rescue more than 10 days of people died. This did not use up safety to guarantee obligation namely, it is problem of hardware respect existence really. Actually such harm can avoid completely, if be no good really, you get on door lock to also go. This case is the tort behavior that facilities facilities did not use up safety to guarantee obligation. The 2nd kind, service government did not use up safety to guarantee obligation, this is the safe acceptance that belongs to software side. Service government is the person's problem, the person all did not guarantee obligation to safety, cause damage, want to assume responsibility. This kind of behavior is more typical, resemble having a meal inside restaurant, restaurant ground slips, guest at a draught trip caused harm, this is service government did not use up safety to guarantee obligation. The most typical case is the case of American Mcdonald's, an old lady of 79 years old arrives inside Mcdonald's go having a meal, because serve the temperature that gives birth to a coffee to do not have mix up, a few degrees tall, the standard ought to be Fahrenheit 155 degrees, and supply coffee is in Fahrenheit 180 - 190 degrees between. The old lady ironed his leg not carefully, very hot removed a few hubble-bubble, diagnose for tierce scald. The old lady sues seek redress, result court adjudicates Mcdonald's compensates for 2.7 million dollar. American judge explains the court decision says why to want to sentence so much, because the old lady needs so much compensation,not be, punish sexual compensation however, face Mcdonald's crosses national big company so, if do not recoup so much money, do not have castigatory meaning to him. This serves administrative field to did not use up safety to guarantee compulsory issue namely. The 3rd kind, it is right *****ren did not use up safety to guarantee obligation. Using up safety to guarantee obligation to *****ren also is a kind of such circumstances. Children is the future of the motherland, it is ethical future, because this law wants to *****ren,try particularly keep an eye on and protection. Because this is right,the protective need of *****ren has special regulation. The United States has a very typical case. A factory has a deserted outdoor mine, because rain, inside this mine land add add accumulated a lot of water, a ***** of 16 years old goes up to the side of this mine, like looking to resemble a swimming-pool, wow, quite good! The dress is taken off, jump at a draught, result by the reinforcing steel bar inside mine (covert prominence) to plunge into wore. The *****'s parent sues seek redress. Judge judgement says, this has the land interest of allure danger to *****ren namely, have special allure to *****ren, you did not use up protective meaning again, did not install safe safeguard again, you also did not eliminate risk, cause damaged that you are about to assume liability to pay compensation. This is the case that Chinese heart judge adjudicates, the judges error economy that this case creates analyses pattern, it is famous Chinese heart formula. Our country also has a typical case. Before one paragraph " procuratorial work daily " on have an implied meaning, a legionary person is written, those who tell is a such things: body armor is in a mountainous area make war game, give inclose a gully, a village is around. In a sham battle when, the alert of army surplus is very strict, look very closely, all crossing somebody is looked at, be afraid that somebody goes in be damaged. When after maneuver ends, greater part team had withdrawn, remain small body armor to clear inside only battlefield, those who look also not be so strict. This moment, village face has a gang *****, these *****ren think early with respect to itch to try, see army surplus be removed almost, smooth go in case of the cartridge case that collect big gun, cartridge, that is copper, after was being collected good sell fund. This moment had 3 *****ren to discover an artillery shell of 130, everybody looks, this is " of big copper of a " ! 3 dot are contended for each other grab, grab come grab comes up against fusee at a draught, give artillery shell detonated, scamper is dead two, hurt again. Legionary person writes an article, say army surplus does not have responsibility, on one hand they sent give public notice, prohibit anybody enters the spot; On the other hand their piquet also did not withdraw entirely, there still is piquet to be in on main road junction look at; Causing harm cause is guardian did not use up tutelar responsibility, the ***** goes in is his parents certainly lax, and adult told a ***** to collect cartridge case to be able to sell fund. They are planted in this namely of the interest drive next ability to go in, the harm that cause should be assumed by themselves. Army stems from morality and justice to be able to be compensated appropriately. My viewpoint as it happens and this opinion is opposite, below this kind of circumstance army surplus ought to assume liability to pay compensation. If interest of a land has allure to *****ren or the word of appeal, of land interest have a person to be about to assume special protective obligation. Because *****ren perhaps was not lacked,identify ability, curiosity strong, have what thing he wants to see, if have fun at, he should be participated in for certain. In this moment, you cannot take safeguard to him according to the judgement of average person, should try however special safeguard will undertake protective to *****ren. If was caused,damage, be about to assume liability to pay compensation. The 4th kind, be the 6th the 2nd section provision be on guard check tort behavior all did not protect obligation to safety, act of this kind of tort is more sophisticated, judicatory explanation stipulates this kind of responsibility is additional duty, we never had set in the tort act law previously. From " the Milky Way guesthouse case " just begins to undertake study, it is first time sets formally this. Say for example: Operator is " of " galactic guesthouse, " of boss of guest " king is consumer, former the obligation that has safe protection to latter. He lives to inn within, life property gives guesthouse. Basis the 6th the 2nd, inn-keeper should protect him, should be on guard, check tort behavior person cannot carry out tort behavior to him. The obligation of guesthouse is two-way, want to protect security to king boss namely, should be on guard to tort behavior person, check tort behavior happens. It all did not protect obligation to safety now, all did not arrive be on guard the obligation that check, make tort behavior person carried out tort behavior to king boss, caused his harm. Tell on legal principle, guesthouse and tort behavior person make tort conduct, at this moment the victim suffers vitiator as the person that gets protection and tort behavior, be based on same damage, the victim can produce two compensation to request authority at the same time, namely king boss serves as a victim, already can to guesthouse seek redress, also can go to tort humanness seek redress. For the legal principle that presses law of general tort act, if one damages a fact to produce two compensation to request authority, in principle of this kind of circumstance belongs to not genuine joint liability. Typical not genuine joint liability is product tort, namely " civil code general rule " of the 122nd regulation the sort of. Say I bought two bottles of beer to come home for example drink, beer exploded to hurt my blast, then I can ask the person that sell is compensated for, also can ask maker is compensated for, so " civil code general rule " the 122nd regulation compensates for a request twice to counterpoise can exercise, this is not genuine joint liability. What we say is additional duty, it is the responsibility that guesthouse did not use up safe protection as operator, perhaps say pouch belt obligation that is safe safeguard, form a kind of tort; In the meantime, direct infringer is direct enroach on victim, of course he also is an infringer. So this is based on to damaged a fact to produce the request of two compensation to counterpoise namely. He and this not genuine joint liability are same. So, what is different? Below the circumstance of not genuine joint liability, the victim is the relation of " choice " to authority of these two requests. The victim can choose exercise of authority of a request only. The responsibility of security obligor is additional duty, additional duty is the relation of a " ordinal " , want the right that go ahead of the rest makes request to person of direct do harm to above all. Additional duty is sequential relation, the order with the most typical civilly is the order of the heir at law in inheritance act, when the first ordinal heir is still living and in good health, the first ordinal heir accedes, the 2nd ordinal heir does not accede. Exercise requests authority directly (to direct responsibility person or person of do harm to) when, ensure obligor to safety, its request authority to was not eliminated, with the word that compares figure for, it is in " to reserve the condition of " , it is resting aside. If the first sequential request authority came true completely, to this one request of security obligor authority is eliminated; If the first sequential below the condition that requests authority to cannot get total compensation to perhaps do not have compensation at all, fall in this kind of circumstance with respect to exercise the 2nd sequential the request counterpoises. This is the basic regulation of additional duty. Still having a regulation is, after security obligor assumes additional responsibility, still can ask to chase after countervail to direct responsibility person, direct infringer is to assume direct responsibility, be the first sequential, security person is additional duty, it is the 2nd order. The " compensatory " of so called additional duty, reflect in two respects: It is, safe safeguard obligor is the 2nd sequential responsibility, the first sequential responsibility person can be compensated for far from, perhaps compensate for inadequacy, perhaps miss, carry out below this kind of circumstance the 2nd sequential responsibility, complement namely responsibility; 2 be, the limits that assumes responsibility is compensatory the first sequential the portion that responsibility person cannot recoup, if did not compensate for total compensation entirely; Recouped a portion, recoup odd portion. The legal basis with safe compulsory safeguard is: The security obligation of operator is in " disappear law " in reflect somewhat, the judgement of the height weight degree of security obligation can draw lessons from American tort law before narrate content. What how judgement all protects to safety is compulsory? This is more specific issue. Cite two case: The first case, the husband suffers domestic force to persecute, the husband often takes a beating, the woman should divorce, the man does not leave stoutly, female hit that male, that man is mauled later, send into the hospital. Passed 3 days, taking a handbag femaly to go to a hospital seeing the man, return maly at that time very happy, thinking is female know a fault, still want to see him. The goes male bedside of result daughter with respect to vitriolize, next swagger off. Passed a few days, that male course treatment is good, also left hospital, entered a court to sue a hospital next, say the hospital does not have the responsibility of security. Be in with respect to this case " Beijing youth signs up for " undertake discussion: Whether did the hospital use up security obligation. We think, with respect to this case, the hospital is the obligation that used up safe protection. The 2nd case, it is a case of Chongqing. The old person got miomemory cardial infarction, daughter Ms. Peng sends the old lady into the hospital, in ICU rescue. After rescue comes over, everybody loosened tone, doctor, nurse, kin rested. The latter half of the night, thief is slipped into, see ark of the head of a bed has 8000 yuan of money and a mobile phone, go grabbing money, this old person just awakes considering an issue, hitting condole needle, discovery has the money that thief is stealing her and mobile phone, the old person protects money and mobile phone. Struggle, old person disease was sent, result old person was frightened to die by thief, the family member sues a hospital. The hospital is put in behavior of neglect one's duty, ms. Peng says ICU rescue, the hospital should assume responsibility, did not use up tutelar obligation. They report a case to the security authorities now, let public security bureau catch thief, if do not catch thief, the hospital has to recoup a loss. The case of this case is the responsibility that the hospital did not use up safe protection (serious patient firm rescue comes over, medical personnel also rests accordingly, it is ill-considered) . So this kind of case is formed violated security obligation. (2) what the tort liability judicatory of student harm accident explains the 7th sets is student harm accident. Case of student harm accident is the problem that highlights quite in recent years. On one hand, the school is put in a few problems really, the student gets a few menace; Other side, present singleton female equipment suffers the parent to take seriously, was injured the parent seek redress. In processing, appear a lot of problems: If family member seek redress is too much, the school compensates for ability difference, so the school reduces his activity, plan accordingly. Play football for instance after the student has an accident, because compensatory loss is overmuch, the school later must not the student plays football. Guizhou has a thing the most typical, the toilet on the student is fallen into go drowning, compensatory cost is higher, later school teacher with respect to 3 days must not the toilet on the student. So school compensation wants measurable, consider integral benefit of the student, achieve interest balance. If a person is damaged the compensation with overmuch requirement, the likelihood hurts the profit of most person. Because of the in the long run. 2003 when, be in the United States, the compensatory amount of unskillful and faulty medical or surgical treatment is exorbitant, the hospital can raise medical treatment cost, charge arrives with respect to marry again on patient body, increased people's burden, medical treatment cost is higher and higher, make more person looks down on disease. California city undertakes the reform of compensation of unskillful and faulty medical or surgical treatment, limit mental damages number, medical treatment charge is relatively so inferior, ensured the legitimate rights and interests of broad patient. The United States sums up experience, make unskillful and faulty medical or surgical treatment reimburse reform bill, requirement promotion. Anyhow accident compensation is about to master spend reasonably. This one regulation of applicable person damages, ought to notice the following: The first, what is the foundation of the responsibility that clear school assumes to the student. Ministry of Education drafts " the school harms trouble removal method " , have a bit among them, learning those who assume to proofread minor student is what kind of responsibility. Traditional theory thinks, the school assumes tutelar responsibility to minor student, it is a kind of tutelar responsibility jib that reachs the school from the family. Door of Ministry of Education objects, think: The basis teachs code to decide, the obligation of education, management, protection should be limitted to protect responsibility, requirement school assumes tutelar responsibility not to have the regulation of any law. I had been checked, say the school assumes tutelar obligation, the Chinese civil code that is great authorized strength of supreme court night merely has said on schoolbook, this also is explanation learning truth. Discuss in judicatory explanation in, the court once planned to use " to supervise, the formulation that protects compulsory " , inappropriate also, the regulation is " of obligation of " education, management, protection later. Do not have too big distinction actually (to guarding responsibility) . The 2nd, the school assumes tort responsibility ought to be fault responsibility. If the school does not have fault, do not assume responsibility. In " the student harms trouble removal method " in the process that draft, once wrote the article of fair responsibility, I object stoutly, took off later. Why? The reason is the best weight used on a balance that fault responsibility is interest of patient of balance fall victim and broad patient interest. If the school does not have fault, according to fairness responsibility has to bear the responsibility of 50% , such meetings harm the interest of other student. We emphasize the interest of the interest of all student and exceptional student wanting to poise, overweight liability to pay compensation can hurt the profit of integral student. Reason is the school assumes overweight responsibility, the activity that has to limit a student and add accept a student more charge, get on pressure to all student body with respect to marry again actually. The 3rd, the school harms the student concept in the accident, it is minor student only, do not include grown student. To grown student, the school also has protective obligation, but only minor student is in jural ability is significant. In drafting a student to harm trouble removal method, the opinion of Ministry of Education is formulary student, point to minor student not simply. I do not agree, reason is, be minor student what sense does your regulation have? But door of Ministry of Education says I am door of Ministry of Education, I am responsible to all student, I must keep all student. If the student is adult, he is not applicable such custom. This judicatory explanation mends one's ways it came, apply to minor student only, grown student is not applicable. Because grown student has his eye. Door of Ministry of Education has some of expert to think, say Beijing University has a female graduate student, raft of pontoons of thistle of university of politics and law goes to explore fellow-townsman then on, go to setose thiste raft of pontoons to was bumped to die by the car, that school still gives her 50 thousand yuan of allowance. I say that does not make compensate for, make allowance however! That is welfare, not be compensation. So, must distinguish the compensation on the compensation on tort law meaning and general welfare meaning, this is not one and the same completely. The 4th, the student harms an accident to include minor student to be harmed in the school already, also include minor student to injure another person in the school. Somebody rejects the guards responsibility argument of the school, want evasive school to harm the responsibility of other in the school to minor student namely actually. Education, management, protection is compulsory, include education and management. Educational management not act, make minor student injures another person in the school, the school has fault, ought to assume tort responsibility. (3) the responsibility of the person that servantchoose a person for a job stipulated to the 10th tort liability, employer liability mixes legal person to make a person indicate negligence liability surely the 8th times. Behavior of these 3 kinds of tort calls it the responsibility of the person that servantchoose a person for a job on our tort act law. Behavior of these 3 kinds of tort is the course that perhaps gets labor positive result in use other labour force in, the harm that cause, mix by legal person, employer make a person assume surely replace liability, so these call the liability of the person that servantchoose a person for a job. Actually, in behavior of these 3 kinds of tort, legal person tort and employer tort these two kinds of property are just the same, make a person indicate negligence liability surely not just the same. Although legal person tort and employer liability are same, but explanation of supreme court judicatory mixes the 9th the 8th times to have some of distinction a little, actually this kind of distinction was not necessary. Call employer responsibility in western country. Why do we want tort of divisional legal person and employer tort? Because are we,still have system of ownership of the whole people? The laborer of the company unit of system of ownership of our the whole people is not hire hands, he is a society, national host, it is the host of national riches. Although this our system is comparing formalism actually, but to reflect the distinction of this kind of system, so that calls legal person tort, and do not call employer responsibility. What the tort liability of employer tells is a private enterprise. Employer liability and legal person tort and national compensation are just the same on the truth. Say on legal principle, this tort liability is called replace liability. The behavior of a person causes other to damage should assume responsibility by the 3rd person that has specific concern, this makes replace liability. Replacing the regulation with the earliest responsibility is to be on Roman law, that accurate illicit on Roman law makes, replace liability namely actually. But do not have at that time so make replace liability explicitly. Arrived " law countryman code " the 1384th, set for the first time replace liability, the immediate source that replaces liability so is " French civil code is in charge of " the 1384th. Behavior of these 3 kinds of tort also is called replace liability. Above all, what I should introduce is legal person tort and employer liability. Employer liability and legal person tort are actual on legal principle it is same. Becoming a person is an organization (include legal person other perhaps organization is private perhaps employer) member when, there is concern of this kind of service between them, one party gives other one party pay, other one party pays able-bodied person to him, this kind of circumstance forms the foundation of employer liability and legal person tort to concern namely, this replaces the foundation of responsibility to concern namely, without this foundation the relation does not produce this kind of liability. On this kind of foundation, when the one party that sells able-bodied person, other is caused to damage among the process that paid paid one party is carrying out a post namely, be about by his employer or his legal person will assume responsibility. This is planted even if replace liability typically. Resemble this kind of circumstance, the judgement basis of employer liability and legal person tort, the a bitth it is labor contract, the basic performance of labor contract pays salary or reward to other places namely, one direction other places pays able-bodied person. what wanted judgement at 2 o'clock is, when he causes other to damage, must be to carrying out a post. Wanting him only is to carrying out what cause in the post to damage, can think to form replace liability. Hire hands carries out functionary behavior to be equivalent to the extension of employer action. Be equal to when the behavior of hire hands is employer action when, cause damaging is to want employer to assume responsibility of course. Also be to ensure a victim to compensate for the implementation of the right on this. Popularly says, be compared and character, the money that is hire hands is much, is the money that still is employer much? The poorest employer also should compare best hire hands fund probably much. That falls to compensate for obligee by employer in this kind of circumstance, the right of the injured party comes true more easily. What makes carry out a post? The face has two kinds of cases here, employer has clear directive a kind of case, this does not have a problem. Below the condition that indicates clearly without employer, is how will judge executive post? Here has 3 kinds of theory, one kind cries subjective say, one kind makes say objectively, one kind makes say eclectically. Subjective say even if I am in subjective going up is for the interest of employer go doing this business, say objectively even if be in subjective on I take no account of these problems, but go up objectively the interest of my behavior is vest in employer, saying eclectically is to consider subjective issue already, also consider objective issue. On this, what supreme court judicatory explains the 9th regulation is used is to say objectively. Then we judge a case to also want to use now say objectively to judge, the behavior of hire hands is in go up objectively the interest with employer is consistent, think he is executive post. What is the principle that replaces liability like this kind? What that is to say assumes responsibility is employer, is not hire hands. So after employer assumed liability to pay compensation, employer or legal person can ask to put in countervail 's charge to hire hands. Liability of this kind of employer and legal person replace liability is this appearance. A more interesting example is told below me, this kind replaces responsibility to have a more typical example, it is some saves High Court to a judge handles a case mismanaged. The court also came out to assume liability to pay compensation, head of forensic politics department seeks this judge talk later, say you do misjudged case to want what to responsibility assume? The judge says I am analysed. Political department head says, did smooth self-criticism go? You should assume the liability to pay compensation that the court compensates for. This judge with respect to fire, by what I want to compensate for, people handles misjudged case why not compensate, why am I about to compensate for? I wrote an article to say later, this replaces liability typically namely, you can search to chase after countervail after the family assumes liability to pay compensation for you namely. This is the circumstance of legal person and employer liability, I say these two kinds of conditions simply. Next, what the introduction wants below me is to make a person surely negligence liability. This is a mainer tort behavior type, we never set this kind before. 1987 or was 1988 when, I wrote an article, I am told make a person indicate negligence liability surely we should be used, but later, in very long there is person pay attention to in very long time this my view, draft till recently " civil code is in charge of " when everybody was held with. Why? Because the society developed, have this kind of need really. Speak of this to make a person indicate negligence liability surely, the Huang Hong on the Spring Festival evening party that I think of to look when the Spring Festival this year breaks the essay of the wall. I look: Wow, this is typical make a person indicate negligence liability surely. Yes? Because make a person surely,demonstrative negligence liability points to this kind of circumstance namely. 80 Qian Yichui! 80 Qian Yichui! That is bungled according to Gong Hanlin's requirement. That breaks the wall there defeated, break the thing there bad, who assumes this responsibility? That should by make a person assume surely, assume liability to pay compensation by Gong Hanlin, this makes a person indicate negligence liability surely namely. This essay makes a person indicate the typical teaching material of negligence liability surely namely. This makes a person indicate negligence liability surely is not the system that mainland law ties, mainland law is fastened never this kind of system, the tort behavior legal system that it is Ying Meifa department is spent. In Ying Meifa department, this kind of circumstance makes contract to do a job independently, also be called independent worker, use a kind of such arguments, that is to say contracts to do a job this kind independently, you are being finished contract to do a job the task when, the process that is about to contract to do a job to you assumes responsibility. When to make a person assume responsibility surely? Make a person surely namely be made surely or when the directive is blamable, want to assume responsibility at that time. What absorb this tort system the earliest in mainland law faculty later is Japan, " Japanese civil code is in charge of " regulation of the 716th first time, make decide a person to indicate negligence liability, say to contract to do a job when the person is damaged at other with respect to its job together with, make a person do not assume responsibility surely, but make a person surely surely, the except with blamable directive. What such clause sets is to make a person indicate negligence liability surely, the foundation of its foundation and legal person tort, employer tort is different. The foundation of legal person tort, employer tort is labor contract, employer regards legal person as the delegate, I give money, grant you wage, what I buy is labour force, the process that labour force sells is the process of labor, right incorrect? Then I serve as a legal person or employer, to laborer to me here sells the process of labour force, namely whole labor process should assume responsibility. The harm of other, harm that causes yourself is caused between labor process, it is employer should assume responsibility, this is its foundation. But make a person indicate negligence liability surely its foundation is not labor contract, its foundation is to contract to do a job contract, and be similar to contract to do a job a kind of contract of the contract. Contract to do a job what is the feature of the contract? I serve as make a person pay labor reward to you surely, what I buy is not labour force, not be labor process, work however achievement, I am about the result that that your final work creates, so right labor process I am irresponsible. I want this labor positive result merely. You work this the requirement that achievement accords with me, I check and accept qualification, I pay you, the contract ended, finished, eliminated. If that works achievement is unqualified, I even you continue to repair. What to produce as to labor process, make a person did not concern with my deciding. That resembles us decorate in the home, all of us bought a house to basically want to decorate now, when decorating, I serve as owner, I was employed decorate a team to go up will decorate in my home. Although be in me here does this work, undertake machining, but the responsibility of this labor process still not by make a person assume surely. This need to distinguish this concept particularly. The 8th makes legal person and employer with the 9th, the 10th must use the concept that makes a person indicate error surely. Owner falls in this kind of circumstance, he is one makes a person surely, is not employer, with the contract that decorates a team to sign also be one contracts to do a job contract is not contract of employment. So it is special that impact of these two legislation distinguishs subtly, very important. E.g. us the hour of the employ in the home is versed in, hour labour is to contract to do a job, deciding what the person buys is not labour force, it is work achievement, to me sanitation is cleaned in the home, help me cook, it is this work achievement, not be a process. Why so say? I say to be able to watch a typical show, there is this kind of company that protect clean, homemaking company in urban within, the hour is versed in following homemaking company just is working relationship. So the member that we look for homemaking company employment to protect clean now, want me to give him salary, this is to make way surely, do not assume responsibility to his labor process so. The base that makes a person indicate negligence liability surely must have to contract to do a job contract, also not be a model certainly contract to do a job contract, want to the property that contract to do a job went only. In making a person had indicated improper surely, have so two problems: The first, contract to do a job namely the person causes what he is damaged or other damages in labor process, contract to do a job him person assumes responsibility. We the provision that this judicatory explains the 10th is relatively broad extensive, include the harm to other, also include to be damaged to what oneself cause. And decide a person traditionally to indicate negligence liability to include to cause other to damage merely. Such regulations also have a profit, it is an article solves two problems, solved contract to do a job the liability issue of person harm other, also solved the liability problem that creates oneself to damage. When that that is to say decorates a team to work in my home, the harm that causes him himself assumes responsibility by him himself. The 2nd, the base that makes a person assume liability to pay compensation surely is blamable. Below what circumstance is the talent made assume liability to pay compensation surely? Make a person surely must blamable, ability assumes responsibility quite. That that is to say although when Huang Hong is breaking a wall, the harm that the behavior that is him causes result, but we see, that is the wrong directive because of Gong Hanlin, he goes to those who damage doing ability to cause according to wrong directive of Gong Hanlin. Deciding a person to indicate negligence liability also is one replaces liability. Deciding a person to indicate negligence liability is when appointing a person to have demonstrative unpremeditated crime, he just assumes responsibility. So this one part also somebody tells is such: Contract to do a job man-made damages into other, so include what man-made damages into his to contract to do a job, be when be being caused by the error that makes a person surely, make a person want to assume responsibility surely. Want at this o'clock particularly divisional is, in deciding a person traditionally to indicate negligence liability, the error that makes a person surely is appointed merely perhaps indicate blamable, do not include to choose an error. The makes a person surely mistake that judicatory explains to the 10th sets exceeded traditional range. The mistake that makes a person surely includes to indicate and be made surely. When making the directive in have fault or machining a process have fault surely, make a talent assume responsibility surely. But all of us may notice the 10th still has to choose fault holding the post of reason, choose namely when if have fault,holding the post of, also want to assume responsibility, choose namely allow to be opposite incorrect. This chooses a fault bad to say. I hired to decorate a team now, but he does not have aptitude, I hired to do not have aptitude decorate a team to decorate, decorated a team to harm others, at that time then I am about to assume responsibility. Why? Because you are chosen,hold the post of wrong, why do you use him without aptitude? But still have a kind of case, he does a false aptitude, take false intelligence letter to look to you next, you look do not have a problem, choose held the post of, but the thing that produces to be harmed to the 3rd person however, next you are about to assume liability to pay compensation, is this no good all right? Why do you use him without aptitude then? Then you are to be decieved, be decieved to have fault? Have fault you are about to assume responsibility. Choose either to want surely so discreet. Set without this in the tort act law that is in abroad. This chooses an error is us be being done is not very discreet, this part wants to notice. In this one part everybody should notice the 10th article, besides pick this one share, other it doesn't equipment matter, better. This is to tell the 8th, the 9th, the responsibility of 3 kinds of the 10th person that servantchoose a person for a job. Recommend reading articles:

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