Infringement disputes refer to disputes arising from infringement of the legitimate civil rights of others, such as civil rights, including rights to life, health, name, reputation, honor, portrait, privacy, marriage Rights of self-determination, guardianship, ownership, usufruct rights, security rights, copyrights, etc., patent rights, trademark rights, discovery rights, equitable rights and inheritance rights.

1. In terms of constituent elements.

my country's "Contract Law" stipulates no-fault liability, while tort liability generally adopts fault liability. Only product, danger, environmental pollution, adjacent relationship and other liabilities are no-fault liability. Therefore, if a party uses liability for breach of contract as the cause of action, it does not need to prove that the other party is at fault; if it uses tort liability as the cause of action, it needs to prove that the other party is at fault. In addition, the constitution of a tort must be based on the existence of damaging consequences, and the tort liability caused by it also has damage as a component. However, breach of contract and liability for breach of contract are different from this. In addition to compensation for losses, damage is also a component of liability for breach of contract. The actual occurrence of damage is not a constitutive element for the rest.

2. In terms of the scope of compensation. The amount of compensation for liability for breach of contract can be agreed upon by the parties in the contract. If there is no such agreement, according to the provisions of my country's Contract Law, the amount of compensation should be equivalent to the loss suffered by the victim due to breach of contract, which generally only includes direct losses. In tort liability, the scope of compensation in principle includes direct losses and indirect losses. When personality rights are infringed, compensation for mental damage can be provided; if the death of another person is illegally caused, the scope of compensation can be extended to the necessary living expenses of the deceased's dependents, etc. .

3. In terms of responsibility. Tort liability includes both property liability, such as compensation for losses, and non-property liability, such as eliminating the impact, restoring reputation, etc. Liability for breach of contract is mainly property liability, such as forcing actual performance, paying liquidated damages, etc.

4. In terms of exemption conditions. In addition to the statutory exemption conditions for liability for breach of contract, the parties to the contract may also agree in advance on the circumstances under which they will not assume liability. In tort liability, the exemption conditions or reasons can only be statutory. The parties cannot agree on the exemption conditions in advance, nor can they agree on the scope of force majeure in advance.

5. There are differences in liability to third parties. In liability for breach of contract, if the contract debt cannot be performed due to the fault of the third party, the debtor should first be responsible to the creditor and then recover from the third party. In tort liability, the actor is only responsible for the damage caused to others due to his own fault.

Tort disputes refer to disputes arising from infringement of the legitimate civil rights and interests of others. The constituent elements of general tort liability refer to the conditions necessary for general tort liability. It mainly includes the following four constituent elements:

1. The illegality of the behavior refers to the infringement itself that infringes on the rights or legitimate interests of others;

2. The existence of the fact of harm refers to the fact that others Adverse effects on property or personal rights and interests include property damage and non-property damage. Non-property damage also includes personal damage and mental damage;

3. Causal relationship, including the causal relationship and scope of liability for establishment of liability. causal relationship. The causal relationship for the establishment of liability refers to the causal relationship between the behavior and the infringement of rights and interests. The issue under consideration is the establishment of liability. The causal relationship of the scope of liability refers to the causal relationship between the infringement and damage of rights and interests, and involves the issue of the form and size of liability after the liability is established.

4. The actor is subjectively at fault. Fault is a subjective factor in the constitutive elements of a tort. As long as the actor is subjectively at fault, whether it is intentional or negligent, general negligence or gross negligence. Bear liability for compensation.

Legal basis: Article 1165 of the "People's Republic of China and Civil Code"

If an actor infringes upon the civil rights and interests of others by mistake and causes damage, he shall bear Liability for tort.

According to legal provisions, it is presumed that the actor is at fault and if he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166

If an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply.

Article 1167

If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear the responsibility of stopping the infringement, removing obstacles, and eliminating dangers and other tort liability.