Infringement General Terms

In the period of drafting the civil code ,torts has been always discussed as the important academic field ,which play a vital role in protecting the right and include lots of hot spots .The general clause of tort is one of them .Although the thesis is regarded as a new object ,its emphasis is closely related with the whole torts .As far as the general clause of tort be concerned , "the clause" "the general clause" and "the tort" is stressed in the content of the paper ,so the author research it form the point of legislation and expect making up the leak of the law. At the same time ,the author has the aid of all kinds of methods, including academic, historical, comparative and social method ,to study the thesis step by step so as to get rid of the barrier ,define the tort exactly, explore the scientific legislative model and construct the logic system of torts.The paper contains six parts:The first part: the importance of the general clause of tort. As the starting point of the research , this part orientate the angle ,that' s from the view of legislation .First of all ,the author begin with the skillful concept ,and then discussed the value of the general clause in the coming civil law of China.The second part: the necessity of the general clause of tort. It is necessary to study this thesis,The reason why such a clause is not drafted is that there are many historical,theoretic,legislative factors interfere with it.So the author concentrates on analyzing and correct these problems in this part.The third part: the foundation of the general clause of tort.Any law is not the tower in the air but the building on the firm basis.The general clause is based on the philosophy ,economy and law,which help display the premise and understand the theses from the more deep and extensive vision,The forth part: comparative study about the general clause of tort in the law. The civil law is the imported goods which is the achievement of transplanting the foreign law,torts is not an exceptation . Now that ,when comes with it ,it is a wise choice to compare with different legislation ,such as Roman law, continental law system and common law system and so on .Doing so the author finds out the roots ,draws the advanced experience,and reaches the advantageous suggestion.The fifth paralegal theoretic analysis of the general clause of tort .All the law result from the theoretic accumulation of the jurist .So it is easier to discover the truth by this way .This part is centered on the differentiating and analyzing the concept of tort ,eliminating the wrong ideas.The sixth part:the definition and the ligeslative model of the general clause of tort .This part is the conclusion of the whole paper .According to the previous demonstration there is the comphrehensive understanding and the author may put forward to a explicit idea: the act is the quality of tort ,the violating is the essence of the tort ,the civil right and the legal interest are all the object of tort.lt is the appropriate model to set up the single clause of tort : tort is a act of violate the civil right and the legal interest .Meanwhile the author construct the symmetric system consisting of tort and liability from the criminal compasition.