(1) The illegality of the behavior. That is, the behavior carried out by the actor violates the prohibition and mandatory provisions of the law, including acts and omissions.
However, although the acts of performing duties, self-defense and emergency avoidance have caused damage, they are not infringement because they are not illegal.
(2) damage the facts. It includes both real right damage and non-real right damage. Property damage can be divided into direct damage and indirect damage. Direct damage refers to the reduction of existing property, and indirect damage refers to the reduction of available benefits.
(3) Causality, that is, the objective connection between the illegal act and the damage result.
(4) Subjectively, the actor is at fault, which can be divided into intentional fault and negligence.
What is tort:
General tort: refers to the behavior that the actor directly causes damage to others based on his own fault, so the general liability clause in civil law applies.
Special tort: the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of civil law or special civil law.
Tort is a unilateral factual act. Infringement is based on the will of the parties, and the civil legal consequences caused by infringement are unexpected by the parties. So infringement is a factual act.
(2) Tort is a civil tort. The illegality of tort violates the provisions of law in time, which is not allowed by law, and its essence is a violation of the obligations stipulated by law.
(3) Tort is an act that harms others. The object of tort includes civil rights and civil interests. The civil rights infringed by tort include personal rights, property rights, inheritance rights, intellectual property rights and other absolute rights, generally excluding creditor's rights. Other legitimate interests besides civil rights also belong to the scope of tort law protection.
(4) Tort is the basis of tort liability. Tort is an act that can cause civil legal consequences. This legal consequence is that the infringer should bear the tort liability.