论侵权法的保护对象民商法学专业论文.docxVIP

1 1 Abstract In China ，Tort law is not only to protect the rights, but also to protect other interests。 The advantage of this mode of legislation is that a lot of interests can be protected and the system of Rights can be developed. If you look at the foreign legislation, although each country has its own mode the open system is a general trend. Tort law just like a filter. Illegitimate interests will be excluded and legitimate interests will be preserved by behavior, damage, Causality and fault. But its drawback is uncertainty of the application of the law. In the application of the law ， how to define the range of other interests has become a problem. The problem is, on the one hand due to the social and economic life in the process of changing, on the other hand is because the law is difficult to fully understand the requirements of social requirements. Because it is difficult to completely enumerate all of the legitimate interests, therefore, this method is not practical. If we use the abstraction, it is difficult to make a valid judgment. The key is to identify the nature of the rights and elements, and these elements will help us to find a right direction. The difference between the rights and interests of Is not obvious. Rights and interests will be transformed into each other with the change of life. The difference between the two lies in the legitimate，and legitimacy depends on social values. Legislators or judges must make value judgments not only according to the requirements of legitimacy, but also guide peoples behavior. Value judgments has been a hot topic methodology of law. European principles of tort law provisions on the scope of protection of the Tort Liability Act, using the method of dynamic systems theory, provides an open system and we can learn a lot of good ideas from it. I learned this file and made several suggestions by principles, including statutory rights prevail, good faith, equality, respecting for the universal custom. In addition,