西南石油大学学报(社会科学版) ›› 2012, Vol. 14 ›› Issue (6): 64-69.DOI: 10.3863/j.issn.1674-5094.2012.06.013

• 政治学与法学 • Previous Articles     Next Articles

Thinking of the Constitution of General Tort Acts

DONG Lei   

  1. Law School of Sichuan University,Chengdu Sichuan 610225,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2012-11-01 Published:2012-11-01

Abstract: When determining general tort acts,it is common practice to analyze every important component respectively,and then get the conclusion by synthesizing each component. This simple combining and adding cannot lead to a sound judgment of the nature of general tort acts,because analyzing the constitution of general tort acts from the form only doesn’t meet the requirement of dialectical unity of Marxism. Therefore,the author,starting from a specific case and investigating the tort acts from both macro and micro aspects,analyzes the constitution of general tort acts in a reversed way and finds out that the components of tort acts are not only formal factors but substantial factors. The recognition of the constitution of general tort acts cannot deviate from the accountability of tort acts.

Key words: general tort acts, components of the tort acts, accountability, combing and adding, plea instance

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