Research On The Illegal Elements Of Tort Liability

The constituent elements of tort liability as the top priority of tort law,in China,the greater differences in academic.The biggest argument is the three elements and four elements that the difference between these two views is whether the illegal elements listed separately as one of the elements of tort liability.At the same time,in the legislation of illegal elements should be clear and how to clear,how to determine the illegality of the law and other issues there is a big debate.Therefore,the infringement on the infringement of this series of issues,there must be a profound and comprehensive understanding of the illegal status of the determination of the status of a vital significance.Therefore,this article from the understanding of the content of the illegal understanding,clearly gives the definition of illegal.And through the combing of a large number of related literature,the illegality as a separate element of the various theoretical point of view to explain and explain.Finally,the relationship between the illegality and the fault is reinterpreted,and the conclusion that the constituent elements of tort liability in our country should be listed separately.