Research On Protection To Legal Rights And Interests Given By Torts

Torts law is an essential part of civil law system , being an important means to protcet people , punish illegal behaviour and promote civilization advancement and society development. This essay is to talk about two major issues in Torts:the protcected objects and the extent of protection.The principal part during the application of Torts is to ascertian the scope of protected objects. With the rapid development of society and economic , various of interests are emerging contiously , among which only rights and legal interests shall be protected by Torts while the illegal or wrongful interests are not.The second issue is about the protection extent of rights and legal interests . In some countries legislation the protection extent of legal interests is distinguished from that of rights due to legal interests' attributes of uncertainty and unforeseeabilty. The also contend that unintentional infrigement upon an legal interests should be excluded from the application of Torts.However, this study takes a different position. It argues that rights and interests have the same nature and it is impossible to distinguish clearly one from the other. Moreover, the distinguished protection is not the most appropriate means for the protection to legal interests. Consequently, there is no legitimacy on the distiction between riahts and legal interests for delictual liability. Unintentional infringement upon either a right or an interest would make the author liable for the compensation of the damage caused to the victim. But taking account of the uncertainty ande the unforseeability of the legal interest , the legal policy necessitates some limitation of liability ,it is by way of the legal techniques such as damage, unlawfulness, fault, causation etc. that make courts can also control the liability to its resonable measure.This article is divided into four chapters.The first chapter is "Theoretical basis of the study on protected object of Tort law", comparing the concept of rights and legal interests and stating that the balance between the two basic values of behaviour freedom and interests portection is the core fuction and purpose of Tort law.The second chapter is "The scope of protected objects of Tort law" stating that the protected object of tort law have extended from absolute rights to relative rights , and then to legal interests.The third chapter is "the protection extent of rights and legal interests in Tort law" . Two kinds of protection means exist among the world:the distinguished protection and the equalized protection. The latter is more advisable.The fourth chapter is "protection of rights and legal interests in Tort law of China", discussing from legislative, judicial and academic angles the two issues above in our country.