Abstract: General Provisions of Civil Law has' four key elements' about tortious liability.That is to say,tort cannot be regarded'without fault','without actual damage',and therefore the concerned people cannot be asked to stop their acts.This is actually the stipulation from the intellectual property damage compensation anspruch.In addition,we should consult with the traditional civil law about the stipulation of real thing rights anspruch in order to construct independent intellectual property ansprusch and to develop and improve the types of intellectual property.