论文部分内容阅读
自《侵权责任法》颁布以来,学界和实务界围绕着侵权对象、民事法益、民法规定的权利以及民法之利益等诸多概念进行了大量的论战,虽说在基本的概念以及法律规制方面取得了大量共识,但对于民事法益保护机制研究还存在着不少的问题。由于以往学界仅限于对刑事法益的研究,对民事法益的研究不多,导致对民事法益的界定不清,这对完善民事法益的立法和司法保护产生了消极影响。本文尝试从解析侵权责任法所保护的民事法益入手,分析我国民事法益所应当具有的内核,从而对我国进一步强化规范民事法益保护机制提出建议。
Since the enactment of Tort Liability Act, there has been a great deal of controversy over many concepts such as the object of infringement, civil law and interests, the rights stipulated in civil law and the interests of civil law. Although a great deal of controversy has been made over the basic concepts and legal regulations However, there are still many problems in the study of the protection mechanism of civil law. Due to the fact that the academic circle was limited to the research on the legal interests of criminal law, the research on the legal benefits of the civil law was not enough, which led to the unclear definition of the legal benefits of the civil law, which had a negative impact on the legislative and judicial protection of the civil law. This article attempts to analyze the civil law interests protected by the Tort Liability Law and analyze the core that should be possessed by the civil law interests in our country so as to provide suggestions for further strengthening the protection of civil law and interests in our country.