西南石油大学学报(社会科学版) ›› 2014, Vol. 16 ›› Issue (3): 50-59.DOI: 10.3863/j.issn.1674-5094.2014.03.011

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A Brief History of Tort Law
— from the Perspective of its Function

WU Ji-shu   

  1. Law School, Guizhou Minzu University, Guiyang Guizhou, 550025, China
  • Online:2014-05-01 Published:2014-05-01

Abstract:

The development of tort law has undergone the stages from retaliation to compensation, from single fault liability to all-round fault liability, and from absolute liability to relative liability and then to absolute liability again. Since the modern times, the statutory law emphasizes the importance of tort law in continental Europe; however, England and America have improved tort law based on the case law. In short, tort law has always played a role in restitution and in deterrence against crime, the major functions being different at different periods. At present, tort law centers on relieving victims and emphasizing compensation function.

Key words: tort law, the function of tort law, restitution for loss, compensation for loss, statutory law, case law