侵权行为法的本质和地位研究

侵权行为法的本质和地位是侵权法研究中的基本问题,传统大陆法系中侵权行为法作为债法的一部分而存在。侵权行为法的本质应是一部民事责任法,具有独立于债法的地位,确立侵权法独立的民事责任法地位,对完善我国民法体系、更好地发挥其功能具有重大意义。

Research on the Essence and Status of Act of Tort

The essence and status are the basic questions in the research on the Act of Tort's theory. However ,the Act of Tort has always served as a part of obligation in the traditional continent law system.. The article will research on the questions of Act of Tort's essence and status ,which are affected each other greatly . Then take a view that Act of Tort should be independent from the traditional legal system of obligation as a civil responsibility law. Constituting an independent part for the Act of Tort is a crucial step in perfecting the system of the civil law in China ,and also the important premises of furthering the constant perfection of the Act of Tort.