What Is Tort Law

It is extremely hard,if not impossible,to define what the law of tort is,for the simple reason that it is regarded as (1) the law of negligence,to which many Chinese scholars are opposed as it would result in insufficient compensation,(2) the law of remedial compensation,which in effect turns it into strict liability law,treating humans as industrial product of their own,and thus responsible for everything that happens,no matter what,and (3) as the code of conduct for human behaviors,which is nothing but a mere joke – even a prison could not predefine everything about what to do,or what not for the prisoners.

Tort is generally distinguished from infringement,although when translated into Chinese,they both are simply侵权,violation of rights.Infringement applies to invasion of economic interest,but tort refers generally to injury to the body of a person or persons,despite the fact that most forms of infringements originate from so-called “economic torts,” such as those acts against patents,trademarks and copyrights,or methods of unfair competition.

A tort is not a crime,although the two were somewhat similar,and at one time,tort is part of the criminal law.Even an intentional tort,such as assault and battery,may not be treated as a crime in the absence of statutory definition (a felony or a misdemeanor) which is essential for criminal liabilities.[3](https://www.daowen.com)

Tort law is not about compensation,although in most cases,monetary compensation ensues once a defendant is held to be responsible for his negligent wrongdoing that causes injury to his victim.But compensation is not guaranteed under tort law,unless a plaintiff can prove the necessary elements of tort,such as actual or proximate cause and the resulting injuries,etc.