Without Management With The Right Agent, Infringement Of The Boundary Points

Non-management, agents, and violations are not entitled to three important areas of private law system, the creation of these systems contain a moral, economic, legal multi-level value of the consideration. Non-management with the right agent, similar violations, there is no legal obligation to interfere in the affairs of others, the content of its legal system and the system there are inextricably linked. Theory is difficult to identify, resulting in accurate and applicable to the practice of the plight of the three. Especially the non-management application, because no state legislators on the management system due to less attention, leading to non-management technically extensive system in the legislation, the simple design of the system, and the system is not perfect, forcing non-management in practice in the application of which is a narrower intentional or unintentional, and even there was infringement and violation of right agent the risk of serious violation of the non-management system, the legislative mind.This paper uses case study method, comparative study of methods, combined with China's relevant laws, in the non-management, right agent, tort system of systems, Elements of the legal effect of the basis, through the analysis of the three ties and differences between, and thus to clarify the relationship between the three, with a view to benefit the legal system, judicial practice in the application and improvement of legislation.This paper is divided into four parts:Partâ… : Introduction According to research cases. Introduced the basic situation of the case, including the cause of action and the case.Partâ…¡: the case of differences of opinion with the bone of contention. As the non-management, agents and right boundaries of the blurred line between infringement and, where applicable, causing great difficulties. The main differences is controversial case that a system should be applied, in particular on the identification, the dispute focused on managers and managers to determine the meaning of the effect of exercise on management behavior. Partâ…¢: theoretical analysis, this part is the focus of this part. Focus by the controversy the case of theoretical analysis, in order to find the boundary points of the three methods in order to protect the legal system accurately applies.Partâ…£: conclusions of the study, which is the concluding part of this article, first in the above theoretical analysis, based on an overall analysis of the case, and propose specific treatment advice. Second, the theory and judicial practice for the problems of a complete set of targeted recommendations with a view to correctly apply the law to provide useful help.