On the Theoretical Basis and Improvement of “Dolus” in Tort Law

Under the influence of tort law’s function of fully compensating the victim , the study on dolus is mainly included in cases concerning faults, and the study on the degree of fault is little. Especially in the third party’s infringement of creditor’s rights, pure economic loss and other issues, whether “dolus” is vital is still uncertain. There is also uncertainty about the extent to which “dolus” affects the scope of liability. Tort law focuses on the moral liability of the infringer, and dolus is one of the links of this trend. Moreover, the influence of new theories such as dynamic system theory on the civil code needs to be sorted out and analyzed. Through the comparison and analysis of the influence of intent on the recognition and scope of liability for tort damage in Anglo-American law system and civil law system, combined with the relevant legal provisions and judicial practice on dolus, this paper explores the path of application of intent in the discourse system of the civil code of the Peoples’s Republic of China.