Civil torts have always been the main cases handled by the courts. Therefore, it is necessary for everyone to understand the elements of civil torts to avoid their actions causing civil infringements on others. So next, we will bring you knowledge about civil torts. Please read and understand the articles brought to you.

1. What are the civil torts? The types of torts mainly include: 1. Torts that infringe upon the person. 2. Infringement of personal interests. 3. Infringement of identity rights. 4. Infringement of property rights. 5. Infringement of intellectual property rights.

2. What are the consequences of civil infringement?

(1) Methods of civil liability for infringement The methods of civil liability for infringement include: stopping the infringement, eliminating obstruction, eliminating danger, and returning property , restore the original status, eliminate the impact, restore reputation, apologize, compensate for losses, as well as disciplinary measures taken by the people's court against the infringer in accordance with the law.

(2) Principles of compensation for infringement damages 1. The principle of complete compensation, that is, full compensation, which requires the infringer to compensate the victim in full for the property losses caused by his infringement behavior. 2. The principle of fairness and reasonableness. This principle requires: a. The amount of compensation should be equivalent to the actual loss suffered by the victim; b. The fault of both the offender and the victim for causing the loss should be fully considered.

(3) Damage Scope of compensation 1. Compensation for property damage is based on the provisions of Article 117 of the General Principles of the Civil Law: If the property of the state, collective or others is occupied or damaged and meets the conditions for return or restoration to its original condition, the property shall first be returned or restored to its original condition; Otherwise, compensation should be paid at a reduced price, which is compensation for the direct losses caused to the victim due to the infringement. If the infringement of property causes other major losses to the victim, that is, loss of profits, the offender must also compensate for the losses. This is compensation for indirect losses. 2. Compensation for intellectual property damage. Those who infringe other people's copyrights, patent rights, trademark rights, discovery rights, invention rights and other scientific and technological achievement rights shall bear civil liability for stopping the infringement and eliminating the impact. If it causes property losses to the victim, , should also compensate for the losses. The scope of compensation should be determined based on the actual losses of the victim, but must be determined based on the characteristics of the intellectual property infringement. For example, Article 39 of my country’s Trademark Law stipulates that the amount of compensation for trademark infringement shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. 3. Compensation for infringement of personal rights. Physical infringement can be divided into three situations according to the degree of injury to the victim: general injury, disability, and death. The scope of compensation varies in each situation. (1) General injuries refer to physical injuries that do not cause disability or death of the victim, and the body can be restored after treatment. Article 119 of the "General Principles of the Civil Law" stipulates: "Anyone who infringes upon a citizen's body and causes injury shall compensate for medical expenses and loss of income due to missed work." Specifically, it should include: first, medical treatment expenses, and second, nursing expenses. Special fees shall be paid with the approval of the hospital. For those who are engaged in nursing, their lost work allowance can be calculated based on the actual loss of income, and the bonuses they deserve can generally be calculated into the amount of compensation; if they have no wage income, their compensation standards should be limited to the local wage standards for general temporary workers. . Third, lost wages. The victim's missed work date shall be determined based on the actual extent of the injury, recovery status, and with reference to the certificate issued by the treating hospital or forensic identification. (2) Causing disability. Compensation for disability due to injury includes, in addition to the compensation for general injuries, living subsidy for the disabled. The subsidy standard should generally be supplemented to a standard that is no less than the basic living expenses of local residents. At the same time, if the victim loses the ability to work, the offender shall also compensate the offender for the necessary living expenses of the person who is actually supported by the victim and has no other source of livelihood. (3) The scope of compensation for death, in addition to the scope of compensation mentioned in (1) and (2) above, also includes the funeral expenses of the deceased, the necessary living expenses of the people supported by the deceased during his lifetime, and other expenses.

3. Components of civil torts

1. Illegality of the act. The so-called illegality of the act means that the act committed by the actor violates the prohibitive provisions or mandatory provisions of the law. sexual regulations.

2. The existence of the fact of damage. The fact of damage includes damage to public property, damage to private property, and damage to non-property rights.

3. Causal relationship Causal relationship in torts refers to the objective connection between the illegal act and the damage result, that is, whether the specific damage fact is the inevitable result of the actor's behavior. Only when there is a causal relationship between the two, the perpetrator should bear corresponding civil liability. The causal relationship is complex and changeable. Often the occurrence of a damage consequence is caused by multiple reasons. There may be both primary and secondary causes, as well as direct and indirect causes.

4. The perpetrator has subjective fault. Fault is a subjective factor in the constituent elements of a tort and reflects the psychological state of the perpetrator when he commits the infringement. Fault is divided into intentional and negligent depending on its type. Intention means that the perpetrator foresees the possible harmful consequences of his actions and still hopes for them to happen or allows them to happen. Negligence means that the actor should have foreseen or been able to foresee the consequences of his actions but failed to foresee them due to negligence, or even though he had foreseen the consequences, he was overconfident and thought they would not happen, thus causing damage. According to the different levels of attention required by the law on the perpetrator, negligence is divided into general negligence and gross negligence. General negligence means that the actor did not violate the legal requirements for the level of care required by ordinary people, but failed to meet the higher legal requirements for persons with specific identities. Gross negligence means that the perpetrator not only fails to meet the higher requirements of the law, but also fails to meet the general requirements of the law for ordinary people. In torts, generally speaking, the classification of the degree of fault does not affect the establishment of civil liability, nor the size of the liability for compensation, because as long as the actor is subjectively at fault, whether it is intentional or negligent, it is Both general negligence and gross negligence should bear liability for compensation. The scope of compensation is determined by the result of the damage. The compensation will not be reduced because the fault is minor. Therefore, based on the above content, we can know what civil torts are in our country and what the consequences of civil infringements are. It also introduces to a certain extent how relevant knowledge such as the constituent elements of civil torts in my country operates.