It is a factual act. A factual act refers to an act that the actor does not have the intention to establish, change or eliminate a civil legal relationship, but which can cause civil legal consequences in accordance with the provisions of the law. A legal act is an act that takes expression of intention as an element and aims to produce legal effects in accordance with the content of the expression of intention. For example, when two parties sign a contract, it is a legal act. Tort is a civil violation. What is called a legal obligation here. The legitimate civil rights and interests of citizens and legal persons are protected by law and may not be infringed upon by any organization or individual.

Infringement is a factual act. The standards for de facto conduct are as follows:

For conduct where the actor does not have the intention to establish, change or eliminate a civil legal relationship, but can cause civil legal consequences in accordance with the provisions of the law, the de facto conduct does not necessarily require an expression of intention.

Factual acts directly produce legal consequences in accordance with legal provisions; factual acts only have the effects stipulated by law when the actor's objective behavior meets the statutory constituent elements; the constitution of factual acts does not require the actor to have Corresponding capacity for civil conduct.

The infringer will not express any intention before infringing on the rights and interests of others. The legal consequences of infringement are stipulated in the Tort Liability Law and judicial interpretations. Infringement does not require civil capacity. People without civil capacity Infringement is also possible.

The constituent elements of expression of intention can be divided into objective elements and subjective elements:

1. Objective elements: It can be objectively recognized that it expresses a certain legal effect. For example, ordering books by fax, parking in a paid parking lot, nodding shyly to agree to a boyfriend's proposal, etc.

2. Subjective elements: refers to the inner meaning, which can be further divided into behavioral meaning, which means that the person consciously engages in a certain behavior, such as signing.

It means that the perpetrator knows that his behavior has some legal meaning, such as ordering by mail and placing it in a coffee vending machine.

Effect means that the actor intends to produce certain legal effects based on his expression, such as expressing the purchase of Book A, which has both expressive meaning and effectual meaning.

Legal basis:

Article 1165 of the "People's Republic of China and Civil Code"

The perpetrator infringes the civil rights of others due to fault Those who cause damage to their rights and interests shall bear tort liability. According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166

If an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply.