Research On The Civil Interests Protected By Tort Law

Tort law is not only the protection of rights,but also should be the protection of civil interests,it depends on the legal position of tort law and the reality of the social development.Due to the right to have the public law,social members can consult law such as to have an accurate cognition,so this paper will research emphasis placed on the civil interests.Need to protect the interests of civil main body with the sustainable development of social economy is constantly increasing,but the interests of our country judicial present situation determines that not all are worth tort law to protect.Reality needs a variety of tort law for protection of the specific some defined the scope of the civil.Reading,comparative study,this article uses the literature value,qualitative analysis and other methods,the concept of civil interests,the tort law in our country to protect the interests of the progress and deficiency are studied after,come to the conclusion that should be on defining the civil interests,this paper is to analysis into the tort law protection range of conditions,the characteristics of civil interests,on the basis of some typical typed analysis has been done for the civil interests,to better understand the scope of civil interests.This article is divided into five chapters.The first chapter is about the definition of civil interests.Mainly from the connotation of civil interests and the comparative analysis to the related concepts and unique characteristics from several aspects such as civil interests were studied.This paper argues that is free from the rights of civil interests,the interests of the protected by law,be it in addition to the general interests have properties,also has its own characteristic,compared with the rights,with passivity and growing,in fact in a state of "rights".The second chapter firstly from the tort law enacted before other law on the protection of civil interests,introduces the general principles of the civil law,relevant judicial explanation,and to protect the interests of the civil judicial practice.Analyzes the legislative status quo of the second quarter,the key points out the shortages of the existing legislation,due to the tort of civil interests protection range boundaries is not clear,there will be lots of litigation in judicial phenomenon,cause social instability;Boundary is not clear in specific judicial practice also will lead to the judge discretion to infinite,is not conducive to maintain stability and authority of law,and may even lead to the consequences of justice from legislation.The third chapter focuses on into the elements of tort law to protect the interests of the scope and characteristics are analyzed.In terms of elements,think tort law to protect the interests of to conform to the tort law of value orientation,conforms to the social and public interests,and expected possibility of civil subject.With the interests of expectation of possibility including "for the purpose of the law to protect others" the benefit of the presumption,and the interests of the consistent with social public order.At the same time,the civil interests protected by tort law must also have private interest sex,legitimacy,importance and universality.The fourth chapter basically giving tort relief of civil interests to typing,make more specific civil interests system,perfect and harmonious.Typing is a thing or problem with a common element into a unified model of solving legal research method.This article mainly civil interests protected by tort law can be divided into certain protected civil interests,mainly represented by the general personality interests,the personality,to possess,fetus' s interests and so on,and has not specified but shall be protected by tort civil interests,and scholars in social practice of the typical new interests has carried on the list,this typed can help people to recognize their own interests,to strengthen the predictability of the law,at the same time,to a certain extent restrict the discretion of the judicial personnel.Because the civil interests are controversial in practice,the author through the analysis to clarify the difficulties,and his thinking is presented.Chapter 5 on how to improve the protection of tort law in the civil interests was think,think our country's tort law should have distinction of rights and interests of civil protection.In legislation and the judicial two levels at the same time to strengthen the protection of civil interests has carried on the feasibility analysis,think that tort law shall establish the general terms and conditions and typed list way of combining legislation,from the judicial interpretation in the judicial,the case guidance system and play an active role at the discretion of the judge three aspects...