The Civil Interest Protected By Tort Liability Law

As the standard of rights of the thinking mode always has an important positionin the civil law. But at the same time, this thinking mode also hinder another thinkingways which to use other modes to protect the interest. A plurality of civil interest,decided the law provides protection for interest of the hierarchy. Some interests wereprotected strictly by the law which rights in most important and closely related tohuman lives was established by legislators to establish. The interest who failed to beestablished the right doesn’t represent it can not be protected by law, it just get therelatively weak and indirect protection. This paper tries to discuss the civil interestwhich should be protected by civil law, existing outside the civil rights.Attributed the civil interest into the protection scope is the one most importantachievements of tort law modern development."TORT LIABILITY LAW” of ourcountry as the relief and security of right law, to be protected civil interest is alsoinevitable. To meet the urgent desires that our people’s infringed rights and interestsare safeguard, it should further strengthen the type researching of the common civilinterest, and to increase the protection efforts step by step of the important civilinterest. It should be based on the actual situation of our country which has beenconstantly enrich the civil legal interest protection cases, and the relevant legalprovisions were moderately dilated interpretation methods to strengthen the protection of the civil interest, relief damages to the civil legal interest.The first chapter is mainly explained the research of the basic meaning of the civilinterest, characteristics, classification and other contents. This paper will be dividedthe interest of the civil protection into civil right and other civil interest."other civilinterest" out exists of civil right, should be subject under the civil protection. It is freefrom outside the right system, the levels and status below the civil right, indirectprotection by law.The second chapter mainly to use comparative method to compared the tort lawon the protection of the rights and interests in some countries. Mainly involves theFrench civil code, the German civil code, tort law, and Japanese civil code to rightsand interests protection and the relevant regulation of the comparison.The third chapter mainly analysis China’s tort law to the protection of civilinterest. The first part elaborates to discuss before to enacted the “tort liability law”,our country judicial practice is mainly through the “general principles of civil law”,huge numbers of economic law or administrative law in the essential meaning of tortlaw, the regulations which the State Council promulgated and the Supreme People’sCourt judicial explanation of the relevant provisions on judicial interpretation ofinfringement to protected the civil rights and interests of the violation. The secondpart of comprehensive analysis, introduced the “tort liability law” on the protection ofcivil interest. Our country "tort liability law” on the protection of the right and interestis in a "down the ladder type”, relative to the protection of the right of civil interest,the protection in practice is also being certain restrictions, but at the same time,China’s "tort liability law” against the interest of the protection also on open type. Thethird part discusses the competition and cooperation problem of tort liability andcontractual liability.The fourth chapter elaborates the some thinking and suggestion of our countrycivil interest protection. The first part mainly elaborates to increase the considerationof civil interest protection that using some basic civil principles, such as the principleof good faith, the principle of public order and good morals, to strengthen theprotection of civil interest. The principle of good faith can be measured the infringed interest whether should to be got the effect of legal protection. Principle of publicorder and good morals can lead more contents of constitution into civil law, such asprivate law area which included the basic rights. Through to against the behavior ofinjuring some interests which should be protected by law to violate the principle ofpublic order and good morals, and then declare it’s illegal behavior. To some extent, itcan make up the regret of part interest in worse protection which for the defects ofstatute law. The second part discusses how to further strengthen the protection of civilinterest. One is under the guidance of general principles of legal, weight theimportance on benefits and freedom, the state’s social policy needs, make active lawexplanation, positive to confirm the protection limits and methods of legitimate civilinterest. When judging some civil interest whether should be protected by law. Manyfactors are worthy of considering, such as the identity of parties, scope and therelationship of them, the importance of interest damaged, care of duty, control of risky,the extent of damage whether significant or well to know, damaged interests whetherhave the clear boundaries, etc. Second is the civil habits can effect a complementaryrole of law, and with it’s flexibility, openness, morality, regional feather and othercharacteristics to compensate the disadvantages of limitation and rigid on statute lawfor the protection of the civil interest.