侵权法上的法益分析.docxVIP

Abstract With the development of society, the new types of interests are emerging in endlessly and the cases that damaged peoples rights are constantly emerging. There is no doubt that the ”tort law” has great progress significance to the protection of civil legal interest, but we have to say that there are still many defects. So it is necessary to have more in-depth study of civil legal interest, clear its connotation, and make comparison with the extra territorial law, then draw lessons from foreign advanced legislative theory and judicial practice experience, aim to construct civil interests protection mode with our country^ characteristic. In the introduction part, the thesis first introduced the research background and had a review of the protection of civil legal interest, then introduct the significance of the research and put forward the research method through the literature review on the existing theoretical research. The thesis has four parts: dilemma, definition, vision and way. The thesis try to conduct an in-depth, systematic and comprehensive research on civil legal interest through the four part. The first chapter pointed out that the dilemma china faced to protect the legal interests of the tort law. This is mainly reflected in three aspects: firstly, Article 2 of utort liability law” has a fuzzy rule on the scope of legal interest, it indirectly ignored the protection of it secondly, in China the rights and legal interests take general protection, as the results ,the freedom of action are limited To a certain extent; thirdly, there exist some contradictions between Htort liability law” and other civil laws on legal interests .The article believes that the root cause of these problems is that the definition of the civil rights and interests is not clea匚 The second chapter makes a theoretical definition of the civil legal interests. In order to solve problems above, the second chapter has a study of concept and characteristic of the legal interests.