Study On The Protection Of Interests On Tort Law

This article starts with the negative impact caused by thegeneralization of rights, and then points out that the reason for thegeneralization of rights is that people are accustomed to solving problemsin terms of rights, while ignoring the existence of interests other thanrights. In fact, tort law is not only a relief to rights, but also a relief tointerests. This article is divided into four parts to analyze the protection ofinterests on tort law centering around the relationship between rights andinterests, the necessity to protect interests, how to protect interests and thecharacteristics of interests.The first chapter introduces the connotation of interests, therelationship between interests and rights, and the category of interests.Rights are stereotyped interests provided by law as well as an importanttool to realize and protect interests. Rights and interests can betransformed into each other. Rights are explicit and enjoy full protectionfrom law, while interests are ambiguous and only get passive protection.In the perspective of source, interests can be divided into the interestspresumed by law, the interests recognized by public order or good moralsand the interests recognized by custom.The second chapter analyzes the necessity to protect interests on tortlaw. The limited rationality of legislators led to the limitation of law,therefore the law can’t turn all kinds of interests into the form of rights.Meanwhile, with the development of society, new interests will continueto emerge, but the law need to maintain stability, so disconnect betweeninterests and law is inevitable. Incorporating interests into the protection scope of tort law can effectively overcome the closeness of the system ofrights and maintain the inclusiveness and openness of the tort law in orderto achieve substantive justice.The third chapter first introduces three representative modes ofprotection of interests from the perspective of comparative law. Afteranalyzing the advantage and disadvantage of the three modes of protection,the conclusion is that the conservative mode adopted by German is moresuitable for China. The following part analyzes the present protection ofinterests on tort law in China, and points out that giving the sameprotection to rights and interests may led to excessive restrict on thefreedom of action. The final part provides some suggestions to perfect theprotection of interests on tort law, such as making a list of typical interests,restricting the composing element of tort of interest and applyingmeasurement of interests in civil adjudication.The fourth chapter describes the characteristics of interests protectedby tort law, and then introduces some typical interests on tort law. Generalpersonality interests are interests that are necessary to the protection ofhuman freedom and dignity but can’t be covered by specific personalityinterest. Protecting the deceased’s name, portrait, reputation and privacy isactually to protect the interests of the relatives of the deceased and publicinterest. The interests of the fetus include the interest of health, the interestof identity and the interest of inheritance. Pure economic loss is the loss ofpecuniary interest that has nothing to do with the damage of person orproperty, as a result of the infringer’s act.