The General Clause Of Tort

The drafting civil code has been deliberated for a long period by the NPC,now it is in a key period. As the last formulated law of the drafting civil code of China, Tort has been always discussed as a focus in academic circles, and the general clause of tort is one of them. It's not only about the adjustment range, but also about understanding and applicable of Tort. So the author wants to check its own knowledge and absorbs different opinions of scholars in order to apply Tort better.The paper defined the general clause of tort by theoretical and practical foundation. It contains legislative mode, adjusting range, the innovation and shortage of Tort. The conclusion is that the general clause of Tort is consisted of Article 2,Article 6 and Article 7.The paper contains three chapters:The first chapter starts with the definition of the general clause, and then makes an analysis of the connotation of Tort. There are two understandings of the general clause, one is it stipulated all torts, we can call it a big general clause; Another kind of understanding is the general clause just provisions ordinary infringement, rather than all infringements, we can call it a small general clause. And then it makes a comparison between various countries belong to the two legal system, it is very meaningful to study general clause.The second chapter is the main part of the paper, and it puts forward the author's view that is the general clause of tort contains Article 2, Article 6 and Article 7.By analyzes the common law of tort and Tort, we'll know the adjustment range of the general clause and the application problems we'll meet in the future.The third chapter is the last chapter, it analyzes the innovation and shortage and improvement of the general clause of tort.