Infringement In General Terms A Comparative Study

The general clause of tort is the base and centeral part of law of torts that take the general clause as subject matter to mainly research on the problems of infringement act and law of torts. This paper simply sumerized the different modes of infringement act on the aspect of legislative form,model,stucture and content through analyzing the general clause legislative examples of various countries belonging to the two legal systems.This paper also concluded the legislative and judicial experience which is much helpful to our country by comparing the law,historical jurisprudence and social jurisprudence. Our country's Law of Tort is a law with Chinese characteristics which used the legislative experience of the tort law of continental legal system and Anglo-American law system and perfectly combined their advantages. This paper summarized the development and shortages of legislative and theory through the way of analyzing the design and test of general clause's legislative mode,structure and adjusting range in Law of Tort.