永利国际娱乐注册送56 会员中心 TAG标签
网站地图 RSS
代写英国essay代写澳洲essay 代写美国essay 代写加拿大essay MBA Essay Essay格式范文
返回永利国际娱乐注册送56

侵权行为法在澳大利亚发挥的作用-代写澳洲essay

时间:2017-01-27 14:05来源:www.ukassignment.org 编辑:cinq 点击:
本文是留学生代写澳洲essay,主要内容是先容侵权行为法的基本内容,并且分析该法律在澳大利亚发挥的具体作用。
侵权行为法在澳大利亚发挥的作用
The Role that Tort Law Play in the Australia
 
澳大利亚侵权法的法律渊源是复杂的,包括英国法所继承的法律原则、英美法系和其他英美法系国家的法律原则,以及在我国法律发展过程中形成的原则。这些原则存在于不同的领域,给法官和当事人在许多案件中找出最合适的法律原则带来了极大的不便。由于不同的理解,甚至同一原则可以用一致的具体情况。
 
Legal source of Tort law in Australia is complex, including legal principles inherited from English law, and legal principles of the Untied States and other common law countries, as well as principles formed during Australia’s own legal development. (McDonald, Barbara, 2005: 443) These principles existed in different areas, which have caused great inconvenience to the Judge and the parties to find out the most suitable legal principle among so many cases. (Jane Stapleton, 2003: 135) Because of different understandings, even the same principles might be used inconsistently in specific situations.
 
In June 2001, the federal government of Australia appointed Judge David Andrew Ipp of Court of Appeal of New South Wales to lead a four-expert panel reviewing the Tort law of Australia. The expert panel have discussed and reviewed problems the most frequently questioned by public, which include: the determining standards of tort liability are quite vague; it’s too easy for victims to get compensations; the amount of personal injury compensation is too large, etc. (Mendelson D., 2004: 492-509) In September 2002, the panel submitted the final report of tort law review to the federal government, which put forward 61 proposals to the common law and related statute law system. Although there is controversy, most proposals of what the Ipp report has suggested was adopted by the Australian federal and state parliament, and have made the corresponding adjustment and revision quickly. Form 2002 to 2004, the Australian parliament has formulated and revised 36 statute laws. 
 
The tort law has two main purposes. On the one hand, it aims providing remedy and compensation to the injured party; on the other hand, it devotes to regulate behaviors of civil subjects. On the premise of adjusting the compensation purpose, Tort law reform in Australia has specified and regulated evaluation standards of tort liability, to help civil subjects understand their own behaviors better. In that case, when conducting behaviors with potential risks, the civil subjects could be able to make the prevention in advance, so as to reduce the concurrence of infringement. Besides, tort law reform does not only stress the duty of care of infringing party, but also stress the duty of care of victim, which makes the victim also pay attention to their behavior standards, so as to improve their safety awareness. (Wright, E. W., 2006: 6-12)
 
The statutory Tort law specifically focuses on some concepts and principles which are easy ignored or misunderstood in the practical application, using unified and regulated articles to explain these concepts and principles, properly adjusting the controversial legal principles, and by using a demonstration case to provide compensation degree for similar cases. Also, it’s important to note that, though the statutory Tort law in Australia has higher legal status, it can only be used as an effective supplement of the common law, which cannot replace the main function of the common law.
 


推荐内容
  • 英国作业
  • 新西兰作业
  • 爱尔兰作业
  • 美国作业
  • 加拿大作业
  • 代写英国essay
  • 代写澳洲essay
  • 代写美国essay
  • 代写加拿大essay
  • MBA Essay
  • Essay格式范文
  • 澳洲66402
  • 代写英国assignment
  • 新西兰66402
  • Assignment格式
  • 如何写assignment
  • 代写英国termpaper
  • 代写澳洲termpaper
  • 英国coursework代写
  • PEST分析法
  • literature review
  • Research Proposal
  • 参考文献格式
  • case study
  • presentation
  • report格式
  • Summary范文
  • common application
  • Personal Statement
  • Motivation Letter
  • Application Letter
  • recommendation letter
  • XML 地图 | Sitemap 地图