On The Civil Interests Protected By Tort Liability Law

China’s first Civil Code was issued on May 28,2020.Its progr essive significance is obvious.However,it should also be noted that article 1164 of the Civil Code is insufficient in protecting civil interests due to the limited rationality of legislators.The vagueness and extensiveness of the legislative provisions and many problems existing in the protection of interests in judicial practice,such as the overflow of new self-created rights,the continuous expansion of the demand for protection of interests and the widespread existence of "different judgments in the same case",all suggest that it is necessary to explore what civil interests are protected by the tort liability law.The civil interests explored in this paper are the personal or property interests which are protected by law to a certain extent but have not yet risen to the protection of civil rights.The characteristics of civil interests include weak protection of civ il rights、open boundary of scope and the potential to be raised to civil rights.In this paper,the study of tort liability law to protect civil interests mainly include the recognition of civil interests and typification.For the recognition of the tort l iability law in protecting civil interests,the author puts forward own thinking and opinions on the judgment of the tort liability law in protecting civil interests from the consideration factors,inherent attribute and the path of identification.On the factor,the author insist that it include four features,the first is that the interests can satisfy as protective law stipulated,the second is that the infringer characterize subjective intent when it is violation of civil interests,the third is the offe nder and the victim has close relationship and the certainty to foresee the interests of the infringement and the fourth is the protection of interests characterizes reasonable balance of t he actor’s freedom of action.In terms of due attributes,the autho r thinks it should have four aspects: private benefit,legitimacy,universality and reliefability.On the thinking path of identification,the author puts forward to limit the thinking path of identification of civil interests protected by tort liability l aw,so as to promote the "same case and same judgment" involving the identification of civil interests.As for the classification of civil interests protected by tort liability law,the aut hor divides civil interests into three categories according to the different sources of protection identified in legislation,judicial practice and academic circles.For these three,the author mainly pay attention to the current typical civil interests fr om two aspects of personal interests and property interests for recognition、combing and list,and accordingly,legislation of civil interests include: personal interests with the personality of the deceased,general personality interests,personal informat ion and voice,property interest with network virtual property,po ssession,etc.;The civil interests identification in judicial practice include: personal interests including sacrificial interests and property interests including business bar code,busin ess reputation and network domain name,etc.The civil interests pr oposed by academia include: personal interests covering image interests,peace interests,and property interests covering some pure economic losses.Finally,the value of theoretical research be reflected only when the theoretical research is linked with p ractice.The author proposes that on the basis of theoretical exploration,judicial interpretation,the restriction of judges’ discretion and the form of guiding cases should be used to improve the judicial application of the Tort liability part of the Civ il Code to protect civil interests.This paper hopes that it will effectively help make up for the deficiency of legislative provisions through the exploration of tort liability law to protect civil interests,and provide guidance and reference for judges to hear relevant cases,so as to maintain the authority of law and judicial unity,and better protect the legitimate interests of civil subjects.