On The Dichotomy Of Rights And Interests In Tort Law

The object of protection of tort law is civil rights and interests.The connotation of civil rights and interests in literal interpretation should be rights and interests,but the provisions and application of tort law make the difference between rights and interests.In China's theory and practice circles,there are suggestions for establishing differentiated protection between rights and interests in tort law,but there is a lack of in-depth research on how to distinguish them.This paper makes a systematic study on the two points of rights and interests in the tort law,further enriches and consumes the two point theory,and studies the methods of the distinction between the two,so as to facilitate the study of judicial practice.The academic thought and judicial practice of distinguishing right and interest from rights and interests and giving different protection to strength and weakness can make up for the defects of the loss of pure economic interests and the protection of personality interests.In addition to the introduction,this paper is divided into three parts:The first part is mainly the proof and preliminary expansion of the two system of rights and interests in the tort law,demonstrating the rationality of the two points of rights and interests in the tort law,and the concrete methods of distinguishing the rights and interests of our country are substantive and formalism,and the guidance of formalism is more clear,so the formalism is mainly adopted.A standard of distinction that is supplemented by materialism.The second part mainly introduces the problem of the loss of pure economic interest,which is a complex but very important part of the tort law.Many scholars have studied the problem and analyzed the problem from different angles and put forward a number of modes for the protection of pure economic interests.This article is in the frame of the rights and interests of the tort law of two points.Under the framework,in order to balance the protection of interests and the freedom of people's behavior,the protection of the loss of pure economic interests is weaker than that of rights by the tort law.It is shown in the scope of protection and compensation for the scope of the protection of the loss of pure economic interests and the limits of the limited conditions.The third part mainly introduces the personality interests,and the two points of rights and interests in the tort law include the personality interests in the scope of the protection of the tort law.It mainly introduces the protection of the personality interests of the living,the personality interests of the deceased and the personality interests of the intangible cultural heritage.