The Initial Research On Commercial Tort Liability

Commercial Tort Liability is an important part of the tort law system and is also an important part of the Commercial Law System. Commercial Tort Liability, as a new tort system, which is parasitic and born out of the traditional tort liability, has played a very important and indispensable role in the course of human society transformation from the pre-industrial society to a modern industrial society. With the development of China's socialist market economic system, the establishment of commercial tort liability system has become an inevitable requirement of the social and economic development in China.The existing value of the commercial tort liability independent of the traditional civil tort liability has been demonstrated through a deep investigation and analysis of the commercial tort liability. And construction of the basic system of commercial tort liability has been discussed. The paper is divided into five chapters. First of all, start from the related concept of Commercial Tort Liability, the evolution and development process of Commercial Tort Liability have been studied, the value of the independent existence of the Commercial Tort Liability has been illustrated; then along with the path of a comparative study on the traditional tort liability, an in-depth analysis of principle, elements, manifestation, ways to undertake and the scope of compensation of the Commercial Tort Liability has been made; and then on the basis of the analysis of many different characteristics of Commercial Tort Liability and civil tort liability, the independent value of the Commercial Tort Liability has been further demonstrated; Finally, the legislative proposals for the establishment of China's Commercial tort liability system have been put forward.The first chapter is a general overview of "Commercial Tort Liability". Start from the related concept of Commercial Tort Liability, the evolution and development process of Commercial tort liability has been studied; it is stated that the commercial tort liability is an important product of the tort liability system developed from the traditional to the modern. The particularity of the commercial tort liability has been embodied in the infringing nature, the tort subject, and liability principle and tort liability different from those of the Tort Liability with the concept of value of commercial law of safe transaction, fast transaction efficiency and emphasis on prevention function. Therefore, commercial tort liability has had the value of independent existence.The second chapter is "liability principle of Commercial Tort Liability". According to the functions and features of the Commercial Tort Liability, the particularity of the commercial tort liability different from the tradition has been demonstrated in this chapter. It has been pointed out that the liability principle of the commercial tort liability presents a diversified system characteristic. Among them:the principle of fault liability is still at the core. But in the commercial tort more blame on the tendency of the features of the fault objective, more emphasis on business subject in performing his duties for the reasonable duty, more attention to the standardization of fault judgment; Fault-presuming principle separated from the fault liability principle, has become a separate fault-presuming principle; No fault liability principle also has been significantly higher than the civil tort field in the commercial position, and the characteristics of strict liability have been more reflected in common law. And fair principle of liability in the field of commercial tort liability is no longer an independent liability principle.The third chapter is "common types of commercial tort liability". The chapter has discussed the violations elements in the elements of the Commercial Tort Liability. By the method of combining the concept of interpretation and case demonstration, specific analysis of general commercial tort, the company tort, securities tort, the bill tort and intellectual property tort in the commercial tort liability and17kinds of violations types have been made. Typical research has been made on the commercial tort behavior.The fourth chapter is the "commercial tort damage results and causality". The chapter has discussed the elements of the damage results and causality in the Commercial Tort Liability. Firstly, the statement of the object of commercial tort being the commercial business interest has been discoursed.6kinds of property damage of business interests and2kinds of damage of personhood business interests have been typically analyzed by combing the legislative provisions of the commercial matters and list of control methods; then the structure of the commercial causation has been analyzed and pointed out that the causal relationship of the commercial tort liability can be divided into the fact causality and the legal causal relationship. The judgment of the relevant cases on the causal relationship has been explained and the proof and causal relationship of commercial liability has been discussed.The fifth chapter is "ways to undertake and the scope of compensation of the Commercial Tort Liability". First of all, the chapter has discussed the manifestation of the commercial tort liability which is different from the traditional tort liability. The civil tort liability manifestations are mainly their own responsibility, unilateral responsibility and the sole responsibility. While in Commercial tort liability, vicarious liability, jointly liability, and the proportion of the additional responsibility are much more than the traditional tort liability; And then the chapter has discussed the characteristics of the ways to undertake of the Commercial tort liability, the best features and characteristics of the Commercial tort liability system can be embodied by the traditional way of pecuniary liability, as well as other new responsibility of punitive damages, the fixed compensation, disgorgement, defective product recall; finally, it has discussed the scope of compensation of commercial tort liability which include damage, loss of interest and purely economic loss. Tort identified, the scope of compensation and loss calculation has been typically discussed.The conclusion part has summarized the innovative ideas proposed building the tort liability system.