Research On Legal Person's Tort

With the rapid development of the market economy in China, the independentcivil subjective status of the legal person as other kind of civil entity againstindividual become highlighted and consolidated. Several kinds of infringementdisputes in relation to legal persons occur frequently and the issues in respect ofdamage compensation arouse widespread concerns. The issues on how to deal withthe compensation liability for infringement has become relatively complex, becausethe legal person refers to a kind of social organization including a lot of members,which triggers a series of problems: what kind of damages and whose tort should beassumed by which way by the legal person, and then what is the character of theliability? The resolution of these issues concerns not only the establishment andimprovement of the legal person system, but also the reform and development ofsocial market economy in China. Therefore, it is necessary to carry on deep researchandimprovethetortsystemrelatingtolegalperson.This article begins with whether the legal person has the tort capability, and thendiscussed the related issues. This paper firstlysums up the relations between the civilcapacity and tort capability of the legal person, then expounds the theorists confirmthe existence of tort capability of the legal person on the basis of the theory withregard to the nature of legal person. After that, two views of the pros and cons areanalyzed. This paper demonstrates that the legal person has tort capabilityin the viewof the objective reality of legal person and the function and value of legal personsystem, and lists relevant laws and regulations to explain the civil legislationstandpointofChina. Based on the analysis of the reasons of legal person's tort action happen, thepaper argues the ingredients of the legal person's tort action. By analyzing andcomparing the"monism"and"separatism"model legislation of tort, it should beconsidered that the labor relations between the legal person and staff which are thesubject scope covered by the legal person tort action to set the scope of"staff". Andthenfollowingshortages of"management activity"and"thelegal person's name",thearticle advices that the scope of the duty act should be considered that not only legalperson's management activity, but also the action's time, place and relation with legalperson's means . In discussingthe fault of the legal person with the representatives ofthe Medical Malpractice Bill, this article demonstration focus on that the legal personliabilityfortheactscausedbythestaffshouldbeexcludedfromthedeliberateaction.Chapter III of the article is on the legal person's liability of tort. Based on thecomparison of several principles of liability'tort, the article proposals to applyno-fault principle of liability in order to strengthen the legal person's education to itsstaff and reduce or avoid the occurrence of legal person's tort action. Then this articleargues that the employer liabilitybelongs to the category of vicarious liability, whichis different from the liabilityof the legal person for the torts caused bythe staff, so itshould be to further clarify their scopes in future legislation. After listing andcomparing the four ways of the legal person's liability of tort, the paper advices thatboth the legal person and relevant staff should share all responsi-bilities for anysuffers'damagesor injury caused bythe staff. This way can effectively supervise boththe legal person and its staff strictly fulfill their obligations for the protection of thesafetyoftransactionsandvictimsandsavingtheresourcesofjudicialproceedings.Finally, summing up the above analysis of tne system of legal person'tort andthe shortages of the current laws, the article mades a number of recommendationsaboutthelegalperson'stortonChina'slegalsysteminthelegislation.