文章以过失侵权法为分析的切入点, 探讨权利、损害与损失诸概念之间的关系, 尽管某些论断具有更广的涵盖性.主要分为三部分:首先, 论述权利与损害的关系;其次, 论述权利与损失的关系;最后, 论述损害与损失的关系.在每个部分均得出独立而相互关联的结论:第一, 损害概念是看似可行的以权利为基础的过失侵权法之必要组成部分;第二, 在概念上不可能存在一项不会遭受损失的权利;第三, 损害与损失是具有根本差异的不同概念.%This article takes the negligence tort law as the starting point of analysis, and discusses the relationship among the concepts of rights, damages and losses, although some judgments have a wider coverage. It is divided into three parts. Firstly, the relationship between rights and damages is discussed. Secondly, the relationship between rights and losses is discussed. Finally, the relationship between damage and losses is discussed. Independent and interrelated conclusions have been drawn from the three parts. Firstly, the concept of damages is a necessary part of the seemingly feasible right-based negligence tort law. Secondly, it is conceptually impossible to exist a right without suffering loss. Thirdly, the damage and losses are fundamentally different concepts.
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