To "Green" Market Information Environment: Study On The Civil Liability Of Non-contractual People Who Make Misrepresentation

Quick development of economy calls for a healthy market information environment. However, lacking of credibility is a serious problem in our country, dealers always suffer losses as a result of misrepresentation. Existing laws provide civil liability of people who make misrepresentation as the party of a contract, provide civil liability of people who make misrepresentation when they are negotiating with others. However, existing laws is lack of a general provisions which provides the civil liability of non-contractual people who make misrepresentation. My thesis studies on the civil liability of people to the third party who commit misrepresentation, in order to prevent acts of misrepresentation, to "green" market information environment, to improve the efficiency of the transaction , and to ensure transaction security.My paper is divided into four parts.Part I summarizes and analyzes the present legislations and theory research. Firstly, it summarizes the present legislations. Secondly, it analyzes the limitations of the present legislations as far as the present legislations, there is a loophole, rules of legislations are conflicting with each other, the nature of the liability is ambiguous, rules are too abstract to excute. as far as the present theory research. Finally, it points out it is seriously to need to make general provisions which provides the civil liability of non-contractual people who make misrepresentation. to third parties.Part II introduces the typical legislations of other countries from a point of comparative law. Firstly, it introduces German case law and the "German Civil Code" which was promguated in 2002 with regard to the civil liability of non-contractual people who make misrepresentation. to third parties. Secondly, it introduces and analyzes the rules of "Dutch Civil Code" with regard to the civil liability of non-contractual people who make misrepresentation. to third parties. Finally, it introduces case law, rules of "Restatement of Torts," written law of America with regard to the civil liability of non-contractual people who make misrepresentation. to third parties.Part III studies how we should regulate the civil liability of non-contractual people who make misrepresentation. to third parties. Firstly, it points out that the regulations of America are contrary to our current legal logic. Secondly, it points out that the regulations of Germany only apply to the contracting parties and can hardly resolve problems arising from our life. Finally, it points out that that we should make non-contractual people who make misrepresentation. to third parties bear tort liability. Because it can easily demonstrate its legitimacy, is in harmony with the existing rules, and it is better to solve social problems.Part IV suggests the tort liability. of non-contractual people who make misrepresentation. to third parties. Firstly, it points out that we should make general terms and special rules, in order to solve the general problem and individual problems. Secondly, it points out the outline general terms of the tort liability. of non-contractual people who make misrepresentation. to third parties: non-contractual people who make misrepresentation should correct the information whether he has fault or not; non-contractual people who make misrepresentation should pay damages and apology to the third parties; non-contractual people who make intentional misrepresentation should bear joint and several liability with the direct perpetrators, non-contractual people who make negligent misrepresentation should bear the additional liability; reasonably setting out the scope of liability and third person's reasonable reliance in order to equilibrium the victims' relief and humans' freedom.