Research On Legal Person's Tort

With the rapid development of the market economy in China, the independent civil subjective status of the legal person as other kind of civil entity against individual become highlighted and consolidated. Several kinds of infringement disputes in relation to legal persons occur frequently and the issues in respect of damage compensation arouse widespread concerns. The issues on how to deal with the compensation liability for infringement has become relatively complex, because the 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 be assumed by which way by the legal person, and then what is the character of the liability? The resolution of these issues concerns not only the establishment and improvement of the legal person system, but also the reform and development of social market economy in China. Therefore, it is necessary to carry on deep research and improve the tort system relating to legal person.This article begins with whether the legal person has the tort capability, and then discussed the related issues. This paper firstly sums up the relations between the civil capacity and tort capability of the legal person, then expounds the theorists confirm the existence of tort capability of the legal person on the basis of the theory with regard to the nature of legal person. After that, two views of the pros and cons are analyzed. This paper demonstrates that the legal person has tort capability in the view of the objective reality of legal person and the function and value of legal person system, and lists relevant laws and regulations to explain the civil legislation standpoint of China. Based on the analysis of the reasons of legal person's tort action happen, the paper argues the ingredients of the legal person's tort action. By analyzing and comparing the "monism" and "separatism" model legislation of tort, it should be considered that the labor relations between the legal person and staff which are the subject scope covered by the legal person tort action to set the scope of "staff". And then following shortages of "management activity" and "the legal person's name", the article advices that the scope of the duty act should be considered that not only legal person's management activity, but also the action's time, place and relation with legal person's means. In discussing the fault of the legal person with the representatives of the Medical Malpractice Bill, this article demonstration focus on that the legal person liability for the acts caused by the staff should be excluded from the deliberate action.The third depart of the article is on the legal person's liability of tort. Based on the comparison of several principles of liability' tort, the article proposals to apply no-fault principle of liability in order to strengthen the legal person's education to its staff and reduce or avoid the occurrence of legal person's tort action. Then this article argues that the employer liability belongs to the category of vicarious liability, which is different from the liability of the legal person for the torts caused by the staff, so it should be to further clarify their scopes in future legislation. After listing and comparing the four ways of the legal person's liability of tort, the paper advices that both the legal person and relevant staff should share all responsibilities for any suffers' damages or injury caused by the staff. This way can effectively supervise both the legal person and it's staff strictly fulfill their obligations for the protection of the safety of transactions and victims and saving the resources of judicial proceedings.Finally, summing up the above analysis of the system of legal person' tort and the shortages of the current laws, the article made a number of recommendations about the legal person's tort on China's legal system in the legislation.