Study On Tort's Illegal

With the development of economy and society, the kinds of violations are increasing. At present, there is a kind of violation (mainly refering to environmental violations that caused by the discharge polluted water which damage others′legitimate rights and interests ), that we can hardly say they are illegal. In addition, objective criteria of judging the faults seriously erose the independently existing space of"illegal elements". Therefore, in order to respond to the phenomena and theories in hazarding independent existence of illegal elements and rethink the meaning of illegality,whether there is any independently existing value about illegal elements has become very necessary. In this regard, the article is divided into four parts (except for the introduction and conclusion) to discuss it systemly.The first part re-interpretate "tort" and "illegality" . Infringement refers to damage others rights willfully or negligently and the acts violating good customs to damage others legal rights and interests。Illegality refers to the objective evaluation about action which is done by law. When the perpetrator′action damage others′rights and interests ,Illegality is a king of attribute . On the basis of it, my article further believe that Illegality is not a natural attribute in Infringement. Environmental violations as an example, when the perpetrator emisse in standards, resulting in another person's property or physical damage, it is difficult to say the behavior is illegal. At this point, the actors bear the legal consequences of damages is the theoretical basis is the danger of acts of the perpetrators of acts of control and the interests of beneficiaries. In addition, the primary function of Infringement is filling the damage and also determines the ability to spread the risks to bear the legal consequences.The second part reviews the criteria of Illegality。As the illegality of the criteria, there are four primary doctrines: the results of Illegality belive that as long as a behavior damage others personal and property, it is illegal.Action illegality of argue that the results of Illegality is reasonable in the case of willful infringement,while in negligence, the key to judge that whether an act is unlawful is to look into the duty. Compromise thinks that in the case of direct infringement, it depends on the results to cognizance the illegality ; while for non-infringement and indirect infringement, it depends on the action illegality to judge the Illegality.Correlation says that it should be considered the kinds of violating interests and relevant state-like behavior .In the act of victimization against interests of the strength of the law related to a comprehensive study to determine whether there is the element of an offenseThe third part discusses the relationship between the law and the fault. In theory, the relationship between the law and the fault: the absorption of the fault Illegality and the fault parallel with the Illegality. The ultimate shock about the independence of Illegality is that the objective criteria of fault and unlawfulness of the criteria in practice has been uniform. However, the scholars who insist on Illegality′s independence still did not give a strong response, and they also gives an independent reason on the basis of "subjective and objective criminal illegal" dichotomy. In addition, the article demonstrates,practical value about the independent existence of the Illegality .The fourth Part discusses the Illegality′s scientific position in our country's infringement. First of all, the article discusses the distinctive function in action and interests and lead to the distinction between the interests of the defendant negates the law on the subject of the functions of the burden of proof. These functions of Illegality are proved significative in the existence of its independence from one side . Secondly, from the four aspects it is proved that illegality should be existed independently in our country are: 1. the law the unlawfulness of an explicit affirmation of the independence of the elements. 2.the Illegality′s final selection in criteria. 3. noticing the small difference about duty between the "illegal" and "objective fault" 4.the Illegality and the legislature of Style...