November 24, 7 pm，The academic lecture hall 316, Shaw Law Building is packed。Member of the Chinese Academy of Social Sciences、Researcher at the Institute of Law、Mr. Liang Huixing, Distinguished Professor of Shandong University, gave a speech titled “Legislative Achievements and Shortcomings of Tort Liability Law”，Bringing an academic feast to teachers and students of Shandong University，The lecture was hosted by Professor Qin Wei of the Law School，Professor Zhou Changjun, Vice Dean of the Law School, and others attended the lecture。

      To enable the audience to better understand the Bet365 sportsbook reviewcontent of this lecture，Professor Liang first introduced to the audience our country’s civil law system and the status of tort liability law in the civil law system，From the logical structure system of tort liability law、Explain the legislative achievements of tort liability law from three aspects: theoretical and institutional innovation and active response to social requirements，Analyze its shortcomings from two aspects。

      Study、To interpret a law, one must understand the logical structure of the law，To this，Professor Liang pointed out that the Tort Liability Law of the People's Republic of China abandoned the traditional dichotomous structure system of tort law，Created a new multi-layer logical structure system that is far more complex than the traditional structure system，Divided into five levels。The first level of logical structure is the most basic logical structure of this method，It is "General Terms + Special Rules"，“General Terms”，Different from specific legal rules，Also different from general legal principles，It is a highly summarized provision on the basis of the right to claim for tort liability，All contents below Article 2 of this Law belong to “Special Rules”。Second level logical structure，That is, the logical structure of the “special rules” of this law，is a total score (general rules、Principles) structure。The third level of logical structure，It is the "dichotomy structure" of fault tort liability and no-fault tort liability，Professor Liang particularly emphasized that fault liability and no-fault liability are "simultaneous"、Parallel、The relationship of "equal emphasis"，This is a feature that distinguishes this law from the tort bet365 live online casinolaws of developed countries and regions，This is due to the national conditions and high risk of moral decline in our country、Determined by the characteristics of the times with serious losses。The fourth level of logical structure is the "general clauses + special rules" of the fault-tort liability part and the "typification" of the no-fault tort liability part。The fifth level of logical structure，It is a number of "small rule systems" composed of "principles and special rules"。

       On issues of tort law theory and system innovation，Professor Liang listed ten innovative points of this method。First，The legislative purpose of tort law is to prevent and punish infringements，Put the protection of the legitimate rights and interests of civil subjects first，The function is to remedy damage and prevent and sanction infringement。Second，Incorporate legitimate interests other than rights into the scope of tort law protection。Third，Carry out systematic reforms to the infringement behavior of most people。Fourth，Cases involving property damage caused by infringement of personal rights，It is stipulated that compensation can be based on the interests obtained by the infringer。Fifth，Significantly transform the traditional system of user responsibility，Explicitly stipulate user liability as no-fault liability。Sixth，Legislation of safety assurance obligations，Adopt the rule of self-evidence of facts。Seventh，Provision for punitive damages in product liability。Eighth，Adopt the "fault objectification" method for medical damage liability。Ninth，Renovation of building liability。Tenth，Innovation in the mental damage compensation system。

The Progressive Nature of Tort Liability Law，Bet365 sportsbook reviewIt is also reflected in proactively responding to social requirements。Major legal issues in society、Hot Issues，Urgent need for legislative solution，This law has responded proactively，Or create a new system，Or change the original system，Did not avoid the issue。The specific manifestation is the abolition of the medical accident damage compensation system in the medical accident handling regulations，Expand the scope of advance payments of the Traffic Accident Social Assistance Fund，Create victim choice，Adopting legislative technology and other aspects of delegation。

      The content of tort liability law is progressive，Legislative technology is advanced，But Professor Liang believes that this method also has shortcomings。First of all, some concepts are inaccurate，Secondly, the explicit provisions on the calculation method of property losses are inadequate，No. 1 againThe last sentence of Article 35 is completely wrong。Professor Liang’s rigorous academic attitude and profound academic attainments are admired by every audience present，Warm applause rang out many times。

      In interactive session，The audience actively asked questions on how to determine the nature of custody and other issues，Professor Liang gave detailed answers based on examples。This lecture promoted the audience’s understanding of tort liability law，Clear the achievements and shortcomings of this method，Provides new academic methods and research methods for teachers and students of our school。

Text: Yang Yuan, Song Ping