| There is no restriction on the range of interests that protected by tort law in the France Civil Code, which is known as an unrestricted tortious composing. It's value is to embodiment "self liability" of rationalism and to draw a necessary boundary to person's freedom. With characteristics of its opening and to endue judges extensive power to rngnize whether a tort be composed, the unrestricted tortious composing adapt to a developing society easily. The German Civii Code strictly restrict the range of interests that protected by tort law, which is a typical restricted tortious composing. With characteristics of its perfect self-sufficiency in logic and to partition the power of legislation and jurisdiction strictly，the restricted tortious composing shows its special value to give a more certain self-liability and to realize a systematic and scientific law. Following with the failure of rationalism and the developing of the positivism and the law thoughts priority to social interests, a damage redress idea is developed. By introducing a general caution duty, the tortious composing indicates a trend to an unrestricted one. |
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