Law and Life: Elements of Each Knowledge Point

Compiled on: May 31, 2026 ---

I. Elements for Validity of Civil Legal Acts

• The actor has the corresponding capacity for civil conduct
• The declaration of intent is genuine
• Does not violate mandatory provisions of laws or administrative regulations
• Does not contravene public order and good morals ## II. Elements for Formation of a Contract
• The parties reach mutual agreement (offer + acceptance)
• The parties have the corresponding capacity for civil conduct
• The contract content is specific and definite
• The declaration of intent is genuine
• Form: oral/written/other (if the law requires a written form, it must be written) ## III. Elements for Liability for Breach of Contract
• There is a valid contract
• There is a breach of contract (non-performance/incomplete performance/delayed performance)
• There is no ground for exemption (force majeure, etc.) ## IV. Elements for Tort Liability (General)
• There is a tortious act (by act or omission)
• There is damage (personal injury/property loss)
• There is a causal link between the tortious act and the damage
• The actor is at fault (intent or negligence) ⚠️ Special torts (e.g., harm caused by kept animals, objects thrown from high places) apply no-fault liability or presumed fault, and the victim is not required to prove the tortfeasor's fault ## V. Elements for Infringement of Intellectual Property Rights ### Copyright Infringement
• Without permission + use of another's work + not falling under fair use/statutory license ### Patent Infringement
• Without permission + for production and business purposes + exploiting another's patent (manufacturing/using/selling/importing) ### Trademark Infringement
• Without permission + using an identical or similar trademark on the same or similar goods + likely to cause confusion ## VI. Elements for Infringement of Personal Rights ### Right to Life/Right to Bodily Integrity/Right to Health
• Causing personal injury/disability/death ### Right to Name
• Interfering with, misappropriating, or impersonating another's name ### Right to Portrait
• Without consent + making/using/disclosing another's portrait ### Right to Reputation
• By means of insult, defamation, etc. + leading to a decline in social evaluation ### Right to Privacy
• Prying into, intruding upon, disclosing, or making public another's private information ### Right to Personal Information
• Illegally collecting/using/processing/transmitting another's personal information ## VII. Elements for Marriage ### Substantive Requirements
• Both parties are completely voluntary
• Reach the legal marriage age (22 for men/20 for women)
• Not direct lineal relatives or collateral relatives within three generations
• Not bigamous ### Formal Requirement
• Both parties personally register with the marriage registration authority ## VIII. Elements for Inheritance ### Statutory Inheritance
• Death of the decedent + no will/legacy-support agreement + the heir falls within the statutory order ### Testamentary Inheritance
• The testator has full capacity for civil conduct + the will is in a lawful form + the declaration of intent is genuine ### Legacy
• The will designates a person other than a statutory heir + the form is lawful Statutory inheritance order: First order (spouse, children, parents) > Second order (siblings, grandparents, maternal grandparents) ## IX. Workers' Rights and Elements of Labor Contracts ### Required Clauses of a Labor Contract
• Employer's name/address + worker's name/address
• Term of the labor contract
• Job content and work location
• Working hours and rest and leave
• Labor remuneration
• Social insurance
• Labor protection/working conditions/protection against occupational hazards ### Elements for Workers' Rights Protection
• Existence of a labor relationship (including de facto labor relationships)
• The employer has committed a tortious act (wage arrears/unlawful termination/failure to pay social insurance, etc.)
• Within the limitation period for arbitration (labor disputes require arbitration before litigation) ## X. Comparison of Dispute Resolution Methods ### Mediation
• Both parties voluntary + presided over by a third party
• The agreement has no compulsory enforcement effect (except when confirmed by a court) ### Arbitration
• Both parties reach an arbitration agreement + accepted by the arbitration commission
• Final and binding, with compulsory enforcement effect ### Litigation
• The plaintiff has a direct interest in the case + there is a definite defendant + falls within the court's jurisdiction
• The judgment has compulsory enforcement effect --- ## Answering Mnemonics
• For tort, answer "*