On The Scope Of Protection Of Tort Law

Civil law is the right law, torts law is the law of the rights of relief. Torts law as the law of the rights of relief, the border of the objects protected by the torts law is restricted. There are significant differences on the protection of objects of torts law . Generally speaking, there are two main points: one is the "generalized said". The said that torts law to protect the rights of both objects, including interest. The other is the "narrow said". The said that torts law should only protect the rights, interests in the present circumstances do not suitable for the protection of the law of tort targets. Some scholars even further believe that the infringement of the rights protected by law is limited to moral rights, property rights, the right capacity, intellectual property and so on .Although scholars of torts law to the protection of objects is controversial, but how to determine the scope of our torts law should be enacted which is the first to be solved in all of problems. In this paper, the protection of tort law to define the scope of considerations about, learn from the practice of international legislation, to learn the advantages of national legislation will be a combination of theory and practice of tort law the issue of the protection of objects made of a shallow. This article is divided into four parts, described in the first part of tort law is to determine the factors to consider. In this section, this article from the social justice, public and private law, the division of labor, social security and liability insurance as well as the developed countries on four aspects of the legislative practice of tort law to determine the object of protection should be noted that a number of factors. The second part of the tort law on protection of the legislation and practice. In this section, the paper from abroad, as well as legislation and practice and practice of China's legislation on the model national legislation, national legislation and model assessment, and analysis of China in different periods in various tort protection status of the legislation. The third part focuses on the protection of tort law in China to identify the object, in this section, the paper industry from theory to explore the relationship between rights and interests, as the right to protection as the protection of the interests of the four parts of the object are discussed. The fourth part of the legislative proposals. In this paper, the basis of the first three parts, a list of tort law protection of the relevant recommendations. Based on the above considerations of various factors, with China's legislative status quo, we think "the general clause adds typical tort" norm mode would be the best one: the general clause can make torts law contained , and through making the general clause typical, not only is easy to right protection ,but to judicial practice.