On The Acceptor's Power And Its Protection In Tort Law

In modern societies, social fortune has been generated and transferred mainly by means of contracts, and it is inevitable for economic activities to have something to do with contracts. Complicated and mutually reliant network has been formed among various contracts and guarantee the successful fulfillment of transactions. However, with modern economic activities becoming more complicated and more frequent, competitions in marketing economies become increasingly fierce and reasonable and unreasonable competitions coexist, which bring more risks to the acceptor's power of acceptance. Reasonable rights of the interest main body can't be completely and effectively protected by law, which seriously threatens the safety of exchanges and causes drastic social events. Lawful protection reinforcement on the acceptor's power is now an internal requirement of the modern economic development. As a kind of right and law-proposing, the acceptor's power is reasonably to be adopted into the object category under the protection of tort law. However, due to the lack of related theory system and legislation support, the liability in the third party encroaching on the acceptor's power is still not specified. Therefore, the aim of this paper is to strengthen this system research, draw lessons from the extant, mature legislation and judicature practice, and to instruct the establishment of our country's liability in the third party encroaching on the acceptor's power.Once any theory can't adapt to the developing society, it will absolutely be modified or even abandoned, breakthroughs and exceptions become the necessary choice for history. That's why the theory of interference with the contract in American tort law arises. Torts of the third party encroaching on the acceptor's power are called"interference with prospective contractual relation"in American law. Because the contracts haven't come into effect in the treaty stage, the third party encroaching on the acceptor's power is different from the one that the continent scholars discuss now. At present, few domestic scholars pay close attention to this issue. This paper mainly adopted historical analysis, comparisons analysis, and events analysis to analyze and elaborate the third party encroaching on the acceptor's power so as to provide some experience for the construction of our nation's related systems. The paper is divided into 4 sections.Section 1 based on the introduction of the acceptor's power characterized"status theory"and"rights theory", proposes the view of this paper, that is, holding that power is of rights properties and is a civil right of the acceptor's. According to different standards, civil rights can be divided into various categories. After taking it as a right, there still exist controversies in this power. Other theory can't completely contain all the properties of the power of acceptance, while the"forming right theory"exhibits it rationality. When an offer is sent, a single-edge opinion from the acceptor can result in the legal outcomes, which completely in accordance with the features of forming rights. The power of acceptance can be attributed to a kind of forming rights in our country's civil law theory. The essence of rights is the interest protected by law. And the power of acceptance belongs to the interests without legal protection in our daily life. Without doubt, in a rights oriented society, laws have the necessity to protect this opportunity interests possessed by the acceptor. Such law-proposing conforms to standards of law values and is protected in law. This power has five basic characteristics: It has personexclusive; its production has the passivity; its content has limited; it lasts has the deadline; it exercises the way to have dependence.Section 2 mainly elaborates the rationality and the necessity of the protection of the power of acceptance in tort law. Firstly, after analyzing the value of tort law and investigating the successful legislation events in other countries, the paper asserts the rationality of the acceptor's power and its protection in tort law."All laws are man-made."The related fields of tort law are also enriched with time goes by and the need of society development. The ultimate value of tort law lies in that it protects kinds of rights which conform to the social norm as far as possible. The general items of the common law system and civil law system can solve this question, which have set a successful paragon for establishing this system in our country. What's more, after elaborating the liability for breach of contracts, the liability for wrongs in conclusion of contracts and the liability for infringement to the contract by the third party, step by step, the paper asserted the necessity of its protection in tort law.Section 3 mainly elaborated the important parts of the liability for the third party encroaching on the acceptor's power and designed a future basic framework of it to provide references for our nation's legislators when establishing the civil laws. The subjective conditions of the tortfeasor have to be intentional; the illegality has to violate the concrete items or the principles of the civil law. Besides"pure economic loss", damage mighty also contains the loss of the body and properties of the acceptor. Damage and illegal behavior must have a cause-and-effect relationship. The main body of the liability could be any one except the persons involved in the contracts. The torts mainly cause acceptor's pure economic loss, which should be given relief by the economic repay. In the intentional condition, behaviors roughly knew the possible harm before they took actions. In order to obtain law relief, the duty domain should be predicable and intrinsic, not symbolic.Based on the contents of the first three sections, Section 4 analyzed the current state of the legislation of the third party encroaching on the acceptor's power and the confusing conditions of the judicature practice. This section also proposed envisaging the legislation of the liability of the third party in the perspective of maturing our country's tort law: firstly, adopt the law-proposing theory and enlarging the domain which tort law protects; secondly, use foreign laws for reference and institute general items of our country's tort law; thirdly, mature our country's rights protection mechanism and establish our theory of the liability of the third party encroaching on the acceptor's power as soon as possible.