What are the constitutive elements of network infringement?

The constitutive elements of network property infringement: tort, that is, the act of infringing on the civil rights and interests of others through the network; Subjective fault, that is, intentional or negligent; Damage consequences, that is, damage to the property rights and interests of others; Causality, that is, the causality between tort and damage consequences.

legal ground

Article 165 of the Civil Code

If the actor infringes upon the civil rights and interests of others due to his 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

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.

Article 167

If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.

Article 184

If the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable means.