Study On The Information Tort System

Twenty-first Century is a century which is full filled with information and thescience and technology is highly developed. While the information process brings usmaterial development and spiritual enrichment,it also brings us severalcontradictions,such as the contradiction between liberty and security,secrecy anddisclosure,sharing and personal benefit, unbalanced information etc.Because of thesecontriditions,to establish and improve a system of information law is becominginevitable.Speaking of Civil Law, liability for damages caused by improper informationproviding is related to Contract Law and Tort Law. In Contract Law,the parties’rightswould realize through liability for breach of contract or contracting fault.However,inthe real world,not all of the transaction are binded by an agreement. Due to thenonexistence of the the relativity of contract,Tort Law could protect the informationusers’legitimate rights and interests from liability and remedy morecomprehensive.For example, the Securities Law of Taiwan modified the violation ofthe information disclosure obligation from contract liability to tort liability. In ourcountry,there is no general provision on information tort system. Civil law like LawAgainst Unfair Competition and Securities Law has some special provisions in orderto protect the rights of specific persons. However, because the information involving a wide range, and each information has its own complexity, information providers andrecipients are rarely occur as a direct contractual relationship, the existing law doesnot cover damage caused by comprehensive information aspect.Therefore, in order to ensure the healthy development of market economy,safeguard the socialist rule of law and the concept of fair and justice, the author putsforward to build information tort system. It means that in the market economy, theinformation provideer violated legal obligation providing false, incomplete, not timelyor misleading information, which the information users is based on reasonable trust ofmake a decision accordingly and suffers the loss, the information providers shouldburden the corresponding liability. By clearly regulating the constitutiverequirements、the form and range of liability for information tort, we would protectpersons in information inferior position under the condition of market economy,overcome unfair problems the asymmetry information may bring, also safeguard thesecurity of the market transaction.