Research On Constitutive Elements Of Illegality Of China Tortuous Liability

Constitutive elements of tort liability,existing main dispute is whether infringement of Illegality should be one of the components of the tort liability elements.Under the new era Tort Liability Law could not just looking at the right relief of law,but also at protecting rights of social function with appropriate to give specific circumstances in Tort Liability Law,regardless it's right relief or rights protect they are all required to have clear legal adjustment object and scope of application,and the addition of "Illegality" constitutive elements requirements for and guarantee the purposes that personal freedom achieved and social order maintained under Tort Liability Law and it has its theoretical value.And it shows important theoretical and practical significance in discussing Illegality as independent constitutions.This paper is aimed "Illegality" as the object of research,by analyzing the concept,nature,and judgment criteria of Illegality,studying the relationship between Illegality and Fault,and distinguishing the significance,the independent theoretical basis for the constituent elements of Illegality is fully demonstrated,using literature review,comparative analysis and other research methods,in a carefully study of the criteria for judging Illegality,the meaning of Illegality and the distinction between faults,it conducts a comprehensive analysis and demonstration of its necessity and feasibility as a constituent element of the Tort Liability Law.It can be concluded that the elements of illegality can be distinguished from faults and defined separately by law.Since their origins and their historical development are mature in legal theory today,they can be legally defined.Based on this conclusion,it will be constructed in legislation.Finally,this paper thinks that,in the current implementation of the Law of Tort Liability,clearly stipulates the Illegal elements that constitute the tort liability and clearly determines the distinguishes between the rights and the legal benefits.Clearly defined objects and scope of application of laws.And in the Tort Liability Law section or some specific infringement cases,the illegality is clearly defined,which will promote the construction of the legal system of Tort Liability in our country.