Traditional Culture Encyclopedia - Traditional virtues - What is the basis for distinguishing between general infringement and special infringement?

What is the basis for distinguishing between general infringement and special infringement?

According to the different principles of imputation, tort can be divided into general tort and special tort, and general tort is the tort that applies the principle of fault liability; Special torts are torts that apply the principle of no-fault liability and presumption of fault liability, and special torts must be stipulated by law. To sum up, the differences between the two are mainly as follows: First, the constituent elements are different. The general tort must have the causal relationship between fault, injury, injury and damage consequences at the same time, while the special tort does not need to take the fault element as the element or directly infer that the infringer is at fault and prove that he is not at fault. Second, whether it is based on the special provisions of the law. General infringement does not need special provisions of the law alone, while the latter must be based on special provisions of the law alone. Third, the applicable imputation principles are different. This is also the standard to distinguish the two. General tort applies the principle of fault imputation. The principle of no-fault liability and presumption of fault liability apply to special tort. Legal basis: Article 6 of the Tort Liability Law of People's Republic of China (PRC) shall bear the tort liability if the actor infringes upon the civil rights and interests of others through fault. If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability. Article 7 of the Tort Liability Law of People's Republic of China (PRC) * * * If the actor damages 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.