Is tort a crime Is tort a crime?

The concept of violating the law is a bit vague, broadly speaking, it is said that the behavior of violating national laws and regulations, and the violation of systems and laws are all crimes; In a narrow sense, the common sense understanding is that breaking the law is criminalized, and generally speaking, the violation of the law should be regarded as more serious than the violation of the law, and the crime of breaking the law should be punished.

A tort is a civil wrongdoing, that is, the tort undermines a certain liability under the law. This duty is strictly stipulated by law not to be breached; The tort is also an act that causes harm to others, and the perpetrator must compensate the injured person. The "elements" of infringement should be an indispensable condition for all torts.

It can only be called an "element" if it cannot constitute a tort without this condition, otherwise it cannot be called an "element". Nor should a condition be an element of the concept of tort when it is only a necessary condition for constituting a certain type of tort, but not for all torts. The fact of fault, illegality, and damage is not necessarily a constitutive element of a tort under certain circumstances.

Any form of activity contains its own special contradictions. This contradiction of particularity constitutes the special essence of a thing that distinguishes it from other things. The reason why there are many kinds of torts is that each tort has its own particularities.

The formation of this particularity lies in the difference in the time, place, and conditions in which it is located, and everything is transferred according to certain time, place, and conditions.

Legal basis

Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

There are many cases of infringement, can you be specific.

1. The infringement infringes on the legitimate interests of others and violates the provisions of the Civil Code of the People's Republic of China. Infringement is an illegal act that infringes on the person, property or intellectual property rights of others, and shall bear civil liability in accordance with the law;

2. The person responsible for infringement shall bear the tort liabilities such as stopping the infringement, removing obstacles, eliminating the impact, and restoring the reputation, depending on the circumstances; If the circumstances are serious, it may also violate the Criminal Law of the People's Republic of China.

1. The illegality of the act. The act carried out by the perpetrator violates the prohibitive or mandatory provisions of the law;

2. The existence of the fact of damage. This includes damage to both public and private property, as well as damage to non-property rights;

3. Causality. There is a causal link between the wrongful act and the fact of damage;

4. The perpetrator is subjectively at fault. The person who is at fault is a subjective factor in the constitutive elements of the tort, and as long as the actor is subjectively at fault, he should be liable for compensation.

Legal basisArticle 1165 of the Civil Code of the People's Republic of China.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with legal provisions, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.

Legal analysis: infringement is an illegal act, and the infringement infringes on the legitimate interests of others and violates the provisions of the Civil Code. Infringement refers to the illegal act of infringing on the personal property or intellectual property rights of others, and shall bear civil liability in accordance with the law.

Legal basis: Civil Code of the People's Republic of China

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. If it is presumed that the actor is at fault in accordance with the provisions of the law, and he cannot prove that he is not at fault, Gao Pai shall bear tort liability.

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

The concept of violating the law is a bit vague, broadly speaking, it is said that the behavior of violating national laws and regulations, and the violation of systems and laws are all crimes; In a narrow sense, it is also understood by common sense that breaking the law is criminalized, and generally speaking, the number of failures should be regarded as more serious than breaking the law, and the crime should be punished if the law is broken.

Infringement is an infringement of people's rights, which may include patent rights, copyrights, reputation rights, or portrait rights, etc., although this mistake may not be as serious as a criminal offense, but it is also an illegal act.

A tort is an illegal act, and the tort infringes upon the legitimate interests of others, violating the provisions of the Tort Liability Law and the Civil Law.

There is more than one Zheng Ze plan to solve this problem, I think the plan I think of Zhao Congyuan can not accurately solve your problem, and the detailed answer to the clan collapse case still needs you to think about it yourself.