质疑侵权法独立于债法

侵权行为是债因之一,侵权法应为债法的组成部分。历史上债非因契约而生,而是私犯的必然结果。债的本质是责任,责任的内容是债,二者没有根本性区别。侵权责任形式主要为损害赔偿。将侵权法脱离债法并设立单独的民事责任法之主张难以成立。

Tort Law:Separates from Obligation Law or Not?

Tort is one of reasons leading to obligations and the law of torts is part of law of obligations.The concept of obligation comes from delictum,not from contract.The essence of obligation is liability, and the obligation's content is obligation,there is no difference between them in nature.Compensation for the damage is the mainly way to bear the liability. So,the legislative argumentation that the torts law can separate from obligations law and establish the civil liability by itself is not acceptable.