Autonomy and coercion work together to shape the rule of law,and civil law establishes a communication mechanism for this purpose.There are many referral clauses in the general part,contract part and property right part of China's Civil Code,but there are no such provisions in the tort liability part.Therefore,it is urgent to establish a judgment mecha-nism that violates the mandatory provisions and affects the composition of tort liability.Focusing on the relationship between the characteristics of mandatory provisions and the fault and causality of tort liability,we can construct a legal path for them to enter the field of tort law.The identification of mandatory provisions needs to be judged by comprehensive factors such as the existence of specific behavioral obligations,the risk prevention function of behavioral obligations,the scope of protection,and legal policies.The behavioral obligation in mandatory provisions has the function of expressing civil rights and interests,and the possibility of mandatory behavior should be considered when setting behavioral obligations.When the behavior obligation is violated,it can be presumed that the actor is at fault for the infringement of rights and interests.Mandatory provisions to set behavioral obligations will comprehensively consider the objective probability and legal value evaluation of damage caused by re-lated behaviors.When the victim and his damage fall within the scope of compulsory protection,it can be presumed that the causal relationship between damage and behavior is established.Mandatory provisions strengthen private supervision and civil liability,and clarify the boundaries of freedom of behavior.Judges should not confuse the basis of administrative responsibility and tort liability,but should weigh the relationship between freedom of behavior,protection of rights and interests and compul-sory order.
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