| The tortuous liability of breach of statutory duty traces back to Roman private law and developed in different jurisdictions with quite similar functions. Nowadays it is world-widely regarded as a special form of fault liability not only in the legal family of codification but also in common law. The significance of this kind of fault liability lies in that it plays an important role in today’s risk society by virtue of making the abstract and vague concept of fault precise, expanding or refining the scope of legally protected civil rights and interests, so that the relatively stiff and vague rules of tort law can adapt themselves to the modern society full of dynamics and risks. Although Chinese Tortuous Liability Law in 2009 adopts a general clause on the fault liability in Art. 6, there still exist strong needs to refine the abstract concept of fault, particularly by means of the conduct standards set up by other protective laws, regulations, etc.Two standards should be taken into account in order to qualify a law as protective statute, namely the formal and substantial criteria. The former refers to the necessary requirement of legal resource, and the later, in contrast, refers to the intention and remedies of the statute concerned. As to the constitutive requirements of this kind of special fault liability, fault should be presumed basing on that the alleged tortfeasor breaches the statutory duty. Causation should also be presumed in order to protect victims in their favor. The scope of damage depends substantially on the persona and res requirements prescribed in the statute concerned. All of the above constitutive requirements are rather related with each other in a flexible system than isolated from each other. |
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