On The Legal Interest Scope And Protection Path To China Tort Liability Law

China Tort Liability Law ("the Law") undoubtedly brings significant progress to our civil legislation. As a special law to protect the civil rights and interests from various aspects, it is close to life and keeps pace with the times which is worthy of recognition and praise. However, objectively speaking, what to protect is not properly stated in the Law. It’s obvious that the Article Two doesn’t meet the needs for people’s civil interests protection, though it clearly defines to protect the civil rights and interests, outlines the18specific civil rights in detail. Therefore, it is of great importance to adjust and expand the civil rights and interests to achieve the legislative mission. In the meantime, we’ll need to balance the relationship between the civil rights and interests protection and the public freedom of action which should not be ignored. Based on the balance, the thesis aims to discuss the civil rights and interests in the Law by four parts as follows.Firstly, with reference to legal interests theory in Criminal Law and the mature civil rights theory, the thesis focuses on the basic theory of the civil interests including the definition, features and its relationships with civil rights. Meanwhile, this part proposes a basic premise, namely the balance between the civil rights and interests protection and the public freedom of action.Secondly, from the perspective of different protection paths to civil interests, for key countries and regions in the two legal systems, tort legislation is broadly divided into expansion mode and narrow mode which are fully introduced. In addition, the second part analyzes the development of civil interests legislation in China.Thirdly, the thesis puts forward Article Two in the Law and expounds that Article two is not the advanced provision to well protect civil interests. Additionally, the thesis proposes and clearly defines the scope to civil interests in amendments process of the Law.Finally, in the fourth part, for the special cases in our country, it is recommended to learn from the German mode to perfect the specific path to civil interests protection. Furthermore, taking the private rights protection as an example, the thesis further explores that we should adhere to measure the kinds of legal values and balance the legislative, judicial and even law abiding processes in the various values.