Research On Civil Liability Of Infringing Act In Business

In the modern society, although the business activities are in the growing prosperity, there are a lot of infriging acts in business, including malicious prejudice, malicious boycott, damaging assessment and so on, which cause huge loss of interests of operators in business, so it is recognized that realise the right to operate needs to protected by tort law. However, in China there are no articles of law for infriging acts in business, and there are different attitudes towards the legal application of them in the judicial practice. Therefore, on the basis of the traditional tort liability system and the special nature of infringement in business, the author studies the tort liability system of infriging acts in business.Paper is divided into seven parts, and the second to the sixth part is the body of paper.The first part is the introduction of this article, regarded as the basis of whole analysis. Legal relief always lags behind damage, so that the legislature would not consider to establish the legal system for the damage until they become huge enough. In this part, the author has proved the necessity to establish the tort liability system of infriging acts in business, which leads readers to the main content of paper.The second part focuses on the concept of infriging acts in business and its manifestations. Firstly, this part defines infriging acts in business as a tort, which does harm to business activities and causes loss of interests of operators in business, so the tortfeasor should assume responsibility. Secondly, this part mades malicious prejudice, malicious boycott, damaging assessment, administrative malfeasance and improper behavior the manifestations of infriging acts in business. Thirdly, this part discusses the advantages of the tort liability system of infriging acts in business.The third part studies on the requisites for the civil liability of infriging acts in business. It argues the application of the principle of liability with fault for the special nature of infriging acts in business. Moreover, this part pickes up four requisites for the civil liability of infriging acts in business. One is that the acts breach of statutory duty or gute sitten. Another is that the operators in business have suffered damage. The third one is that there is causation between the above two. The last one is that the damage are caused with intention.The forth part expatiates on the requisites for the civil liability of different types of infriging acts in business, including malicious prejudice, malicious boycott, damaging assessment, administrative malfeasance and improper behavior.The fifth part mianly discusses the common forms of the tort liability to infriging acts in business. Although Tort Liability Act in China provides eight common forms of ordinary tort liability, the author only takes three of them as the common forms of the tort liability to infriging acts in business, including stopping infringing, damages and removal of obstacles. By making full use of these three forms of the tort liability, we can fully protect the interests of operators in business and give full expression to the social function of tort law. Furthermore, according to some specific analysis on the loss of direct and indirect, calculating methods of damages are contrived.The sixth part studies on the defenses of the civil liability of infriging acts in business. The defenses can be dividied into two categories. One are called justification defenses, making a tortfeasor exempted from liability due to the legality of his acts. The other are external causons, which make a tortfeasor exempted from liability because of the lack of causation between damage and infriging acts. As to the civil liability of infriging acts in business, it has act of rescue, act of self, act of duty as justification defenses, and fault of the sufferer, fault of the third party as external causons.As the last part, the conclusion is a summary of the foregoing. At present, there are no acts providing relief for infriging acts in business in China, so the Tort Liability Act should be revised with the right to operate. Meanwhile, the author also hopes to establish commercial tort liability system and improve the Tort Liability Act in China in the future.