Study On Liability Of Tort Of Ownership

Ownership is the right of the owner to possess, use, enjoy and dispose of his property according to the property law, include state ownership, collective ownership and private ownership. Comparative analysis on the state ownership, collective ownership and private ownership, explain the right attribute of state ownership, collective ownership and private ownership from the angle of legal subject and object. Infringement act is a important essential element of tort liability. Infringement act is the behavior that the actor because of fault, or according the special provision regardless of fault, with the way of positive action or negative action, violate the state, the collective or any others' legal right and interests, which should be mistaken according to the law. The components of liability of violation of ownership include illegal acts, damage, causality and subjective fault. And the ways of liability include to stop the infringement, to expel the encumbrance, to remove the dangerous, to return the property, to resume the original shape and repair, redo, replacing. The special way of liability of violation of state ownership and collective ownership is administrative obligation. The means of relief include the right of the real claim and the right of the liability claim, the right of the real claim and the right of the liability claim are parallel. Consummate the system of subject and the system of public interest litigation, protect the ownership effectively.