Study On The Interests Of Tort Law And Its Protection

Tort law is considered a law to protect the interests of law development in China's civil law, tort law has gone from few the provision of" General Principles of the Civil Law of the People's Republic of China " to"Tort Law of the People's Republic of China "(hereinafter "Tort Liability Act" for short) which become effective at December 26, 2009. This is also not difficult to find that our rapid progress in civil rights protection and success. But Chinese "Tort Liability Act" does not completely solve protect interests of tort law. "Tort Law" clearly provides for the scope of protection as "equity" and lists 18 specific civil rights, these rights obviously can not meet the interests of the protection needs, rights and interests to do so on the expansion of explanation. However, if the interest is the scope of possible violations to the risk of freedom, so must be limited, this will benefit our tort law to analyze the proposed method of protection, effective protection of tort law to resolve these difficulties. Paper is divided into three partsThe first part of the main interests of the concept of tort law analysis, because the content interests of tort law changing the way it is defined by the interests to explore the limits is not feasible. Compared these concepts is a good way to realize, so that the interests of tort prominent features, and these were analyzed.At the second part, To study the protection of foreign interests in tort law. First of typical articles in the national tort law the relevant provisions of the scope of protection, combined with the methods of historical analysis to understand the characteristics of different periods of protection, and combined with Elements of tort liability, the method for determining the scope of protection and advantages and disadvantages. And consider the development of Chinese tort law's development, to explore trends in the scope of protection, noting that China's "Tort Liability Act," pointing to the lack of interest.The third part is to protect the interests of tort law with the actual situation in China, put forward a sound protection of the interests of tort methods and measures. First, legislation, law is inseparable from the interests of the element of protection, which is China's future development, "Civil Code" is of great significance, and the fault of law-related concepts should also be followed to change. Followed the judicial practice and consider situation in our country, through the basic principles of civil law to expand the scope of the concept of equity, in justice to give the judge the appropriate discretion.