Commercial Tort Typifications Research

This article in practice carried out a study on the types of typical commercial torts, innovation is to define the scope of commercial torts, and presented as the most important commercial subject-the perspective of enterprise, to the establishment, operation, organization, exit to the main line, type of commercial infringement. Articles are divided into two parts:Chapter1Scope for commercial infringement. At present, the commercial world to commercial basic theory, such as commercial, commercial practice has not yet been the subject of intensive research, different views of existing research results, vary considerably. This chapter on the existing main ideas for the analysis, and concluded that his views. considered commercial subject contains three classes, is a businessman:b is engaging in acts of a businessman:third, not engage in commercial activities and to participate in commercial law. Determine whether the commercial behavior except for profit-making, business line, the most important is whether it is for profit-making purposes. The definition of commercial subject completion, after the commercial areas, last in this chapter to determine the scope of commercial torts:commercial infringement is engaged in for profit-making purposes of commercial subject in the course of business in violation of the conventions or statutory obligations, acts of infringement of personal rights or property rights of others.Chapter Ⅱ describes the basic idea of this type of research. Against commercial infringement on this type of requirement has become a trend, but commercial law in its political and cultural impact. and national legislation of different types of methods. When scholars in the development of tort law in China, scholars are typical in the proposed draft of violations set out in separate sections. its classification may profit from. but types of infringement of its provisions only covered two types of securities and commercial transactions. type is too small. This article from the body as the most important commercial enterprises from the perspective of. from their establishment, operation. and exit of complete commercial infringements that may occur for types of research. commercial torts types into4basic types.12kinds of specific types.40kinds of initial type.Chapter Ⅲ for the infringement of commercial enterprises in the process of setting up the sponsors, including:(1) breach of investment. including full do not fulfil, not appropriate to perform. not perform three types of.(2) against commercial infringement of interests of the company. including the violation of the duty of loyalty. contrary to two types of care.(3) prejudice to the commercial interests of a third person tort. including establishment of causing damage in the process. to share one false statement behavior of the two classes.Fourth chapter of business torts, including:(1) quality violations, including violations of product quality, quality of service, two types of violations.(2) environmental violations: pollution violations including genetically modified agricultural products, water pollution violations. violations of air pollution. marine pollution. solid waste pollution violations energy pollution tort. tort, toxic and hazardous substances pollution. environmental noise if you are eight classes of infringement.(3) financial violations, including insider trading violations. false representation, tort, infringement of market manipulation and financial institutions the tort of breach of confidentiality, trust obligation four class;(4) infringement of intellectual property rights. including the infringement of trademark rights. infringement of copyright. infringement of patent rights. against four-class reputation. infringement of trade secret. Fifth chapter for enterprise organizational infringement behavior including:(1) had industry prohibited infringement behavior;(2) interests conflict infringement behavior, including self trading infringement behavior, and associated trading infringement behavior, and common Director infringement behavior, and management paid infringement behavior, and company opportunities infringement behavior five species;(3) equity infringement behavior, including equity transfer infringement behavior, and against shareholders informed right of behavior, and Behavior of three kinds of resolutions against the equity of the company.Sixth is the enterprise liquidation torts include:(1) against acts of infringement of the interests of creditors, including liquidation of obligations against creditors, liquidation of interests people against creditors’interests against the interests of the creditors. shareholders into three categories.(2) the insolvency offences, including two types of bankruptcy fraud and other misconduct bankruptcy.