| The inner system of traditional tort law was based on the fault liability and concentrated primarily on wrongfully intentional harm conducted by a natural person as tortfeasor against another natural person as victim with the compensation result. After the society was gradually entering into a risk one full of new accidents due to industrialization, the inner system of modern tort law has correspondingly changed. Instead of the unitary fault liability, three liability grounds, namely, fault liability, endangering liability (Gefhrdungshaftung) and organization liability make up the liability attribution system in modern tort law. As a result, the external system of tort law should also be set up upon the inner system correspondingly.Endangering liability for traffic accident, abnormally dangerous activities, etc., has an inherent connection with risk society, while organization liability also reflects the basic characteristic of labor division in modern society. It is worth pointing out that the concept of organization liability would be better than the current one of “vicarious liability”. Fault liability is still an important accountability ground, but its significance in today’s risk society has decreased and it is basically applied to the cases happening between natural persons in private life.The relief provided by tortuous liability constitutes only a part of the whole macro indemnification system which is composed of social insurance, commercial insurance, liability insurance and social relief funds. But tort law has its specific functions such as offering incentive instruments to correct wrongful acts, deciding the final liable person, adopting punitive damage and providing non-pecuniary damage. From the experiences provided by comparative tort law, Chinese tort law legislation should adopt the above-mentioned three liability grounds. Particularly, lawmakers should attach important significance to the endangering liability and organization liability. In the framework of fault liability, it is necessary to differentiate the intentional and negligent liability. It is also of great importance to regulate the liabilities due to breach of the duty of care (Sozialsicherungspflicht) and breach of the statutory duty, so that tort law could become more elastic to meet the emerging demands. |
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