First, general tort and special tort (different according to the constitutive requirements of the act)
1. General tort: an act that directly causes damage to others based on the fault of the actor, so the general liability clause in the civil law applies. General tort mainly applies the principle of fault liability and the principle of being responsible for one's own actions.
2. Special tort: refers to an act that causes damage to others due to acts, events or special reasons related to the actor, even if the actor is not at fault, so the special liability clause in the civil law or the special civil law stipulates that he should bear civil liability. The principle of no-fault liability is mainly applicable to special tort. Special torts mainly include:
(1) State organs and their staff members infringe upon their duties.
(2) Infringement caused by unqualified products.
(3) Compensation for tort damages in highly dangerous operations.
(4) Infringement of environmental pollution that causes damage.
(5) Infringement caused by ground construction.
(6) Torts caused by work.
(7) the behavior of animals causing harm to people.
(8) Tort caused by a person without or with limited capacity for civil conduct.
Second, active infringement and passive infringement: (the nature of the act is different)
1. Active tort: refers to the tort in which the actor causes damage to others through certain actions.
2. Infringement by omission: refers to the tort in which the actor causes damage to others through a certain omission. Infringement by omission must be based on the actor's obligation as a prerequisite.
Three, a separate tort and * * * with tort (the behavior of different people)
1. Personal tort: refers to the tort committed by one person alone.
2.* * * Joint tort: refers to the tort in which two or more persons jointly cause damage to others. It can be divided into * * * with harmful behavior and * * * with dangerous behavior.
3, * * and harmful behavior has the following characteristics:
(1) complexity of the subject. (2) Subjective * * * is at fault. (3) Same-sex behavior. (4) The result is single.
4. * * In addition to the general elements of tort, the behavior with injury must also meet the following special conditions:
(1) main elements. Two or more natural persons or legal persons with capacity for civil conduct or civil liability.
(2) objective factors. Every * * * perpetrator must have the same injury behavior.
(3) Subjective factors. Actors should have the same mistakes.
5.* * * The same dangerous act shall meet the following requirements in addition to the general requirements of tort:
(1) main elements. Two or more natural persons or legal persons with capacity for civil conduct or civil liability.
(2) objective factors. It must have been carried out with dangerous behavior.
(3) Subjective factors. * * * Subjectively, dangerous actors should have the same fault.