Research On The Problems Of The Infringement Against The Good Custom

British writer Charles Dickens said, it is a move towards the right times, it also a right could be violated time. The perpetrator's conduct has breach the good customs of the tort is gradually evolved with the need of the times, but our law does not clearly defined the tort.Even so, there are a lot of the cases in our country. To breach the good customs or not, this always with very strong subjectivity and regional characteristics. The way to type the infringement in order to change its uncertainty to form a systematic,unification and stabilizing. Different types of the infringement, on the constitutive requirements are not completely consistent, this is mainly embodied in the different on the subjective fault. Some types can be established with intent and negligence, and some can be established only with intention or malicious. To the kind of cases, the judges should be cautious and authenticate the good customs, then can apply the constitute requirements. When judges apply to good customs, he should observe the procedure of apply of the good customs, and he should grasp the principle of the good customs. When judges judge the compensation for the damage, especially be caution the follow-up damage being or not being the scope of the compensation.