The so-called illegality of behavior means that the behavior carried out by the actor violates the prohibition or mandatory provisions of the law.
2, the existence of damage facts:
Damage facts include damage to public property, damage to private property and damage to non-property rights.
3. Causality:
Causality in tort 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 actor should bear the corresponding civil liability.
Causality is complex and changeable, and the occurrence of a damage consequence is often caused by multiple reasons, which may include primary and secondary reasons, as well as direct and indirect reasons.
4. The actor is subjectively at fault:
Fault is a subjective factor in the constitutive requirements of tort, which reflects the psychological state of the perpetrator when he commits tort. Faults can be divided into intentional and negligent according to types.
Legal basis: Article 1 165 of the Civil Code. If the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 166 of the Civil Code: If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.