How to stipulate the right of tort claim in Tort Liability Law is an important theoretical and practical issue. Among them, what needs to be solved most is how to deal with the relationship between tort right and absolute right. In the Property Law and the General Principles of Civil Law, the two claims overlap, that is, the Property Law stipulates that the obligee has the right to return the original thing, restore the original state, remove the obstruction and compensate for the damage; Article 1 17 of the General Principles of Civil Law stipulates that the obligee has the right to return the property, restore it to its original state and claim damages. According to article 134, the obligee certainly has the right to claim the elimination of obstruction. Then, what is the difference between infringement right and property right protection right, and how to distinguish it? Most scholars believe that this should be distinguished in the Tort Liability Law. The main opinion is that damages are defined as tort claims, and other claims are absolute claims. Therefore, the Tort Liability Law is actually a tort compensation law.

The legislature didn't come up with an opinion that conforms to the opinions of scholars, and still thinks that the main ways to bear tort liability are: (1) stopping the tort; (2) remove obstacles; (3) eliminating danger; (4) returning property;

(5) restitution; (6) Compensation for losses;

(seven) to eliminate the influence and restore reputation; (8) apologize. In fact, it still follows the provisions of Article 134 of the General Principles of Civil Law. Therefore, the relationship between tort right and real right and other absolute rights is not clear.