Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2024, Vol. 26 ›› Issue (3): 99-106.DOI: 10.11885/j.issn.1674-5086.2023.02.08.02

• POLITICS AND LAW • Previous Articles     Next Articles

Regulation of Mind Control Based on the Tort Law

XIAO Xue   

  1. People's Court of Guang'an District, Guang'an Sichuan, 638500, China
  • Received:2023-02-08 Published:2024-06-04

Abstract: Mind control has caused a series of social problems in recent years. This article demonstrates the constitution of the tort liability of mind control from the four elements of tort liability: tort, damage result, causation, and fault, and analyzes whether the actor can be exempted from liability from the subject matter of exemption. The behavior of mind control includes mind control, general tort and abetting and helping the controlled person to implement self-inflict behavior. According to the theory of antecedent behavior and complete obligation of communication, the behavior of mind control is illegal and is a type of tort. Mind control behavior causes harm to the victim's psychology and spirit, and further leads to material damage results such as life and health. The causal relationship between behavior and damage can be confirmed by using the theory of adequate causation. Therefore, when the actor can be identified as having caused injury whether by intention or by fault to the victim through mind control, he has fault and bears tort liability.

Key words: mind control, theory of antecedent behavior, pure mental injury, adequate causation, public order and good morals

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