November 13, 2009,The academic lecture hall of Shaw Law Building is once again packed。Leader bet365 live casino and sports bettingin civil law circles、Member of the Faculty of Law, Chinese Academy of Social Sciences、former dean of bet365 app、Mr. Liang Huixing, Distinguished Professor of Shandong University, gave a report titled "Several Issues in Tort Liability Legislation" for the students。
In this report, Mr. Liang Huixing comprehensively and specifically described the legislative purpose of the third review draft of my country’s Tort Liability Law、Legal reasons,And looked forward to the prospects of tort liability law,Proposed pertinent suggestions for modification。The report mainly includes the following aspects:
1. Legal structure Protected objects and the principle of liability
First,About the legal structure of tort liability law,The draft adopts the structure of general provisions and bonus points,Divided into twelve chapters,Ninety-one Articles。For legislative mode,Mr. Liang pointed out that the draft is closer to the "general clauses + special enumeration" model,Does not cover all types of damage in social life,Only eleven specific types of infringement are listed。Secondly,Objects protected by tort law,Mr. Liang believes that the provisions of Article 2 of the draft are more scientific than the second bet365 live casino and sports bettingreview draft,It is particularly significant to stipulate the right to privacy as a civil right。Third,In terms of the principle of liability,The draft adopts two principles,That is, there are only two principles of fault liability and no-fault liability principle。The draft does not include “presumption of fault” as a separate “principle of liability”,Only as a special provision of the principle of fault liability。
2. Infringement by most people
Mr. Liang made a detailed analysis of the joint infringement of "Interesting Contact"、Common infringements of "behavior relatedness" and common dangerous behaviors and reasons,And emphasize that the applicable conditions for each should be strictly distinguished,For the design of the draft regulations,Mr. agrees。
3. Relevant provisions on damages
Mr. Liang compensates for personal injury、The draft was analyzed from three aspects: property loss compensation and mental damage compensation,Especially the practice of stipulating “same life, same price” in personal injury compensation,Mr. Approval。
4. Suggestions on damage caused by building defects
Mr. Liang’s reflections based on the collapse of buildings in the Wenchuan Bet365 sportsbook reviewearthquake,Strongly recommended to add provisions on tort liability for damage caused by building defects。
Professor Zhou Changjun, Vice Dean of the Law School, served as the host of the report。Professor Zhou Changjun gave a brief commentary on the academic report。Mr. Liang’s humorous way of telling、The rigorous and enthusiastic scholar’s demeanor left a deep impression on the students present,The report ended successfully with warm applause from the students。 (Graduate Students Association Academic Exchange Center)