Research On The Idea Of Commercial Strict Liability

Strict liability has different meaning, no-fault liability, fault presumption liability and risk liability belong to the strict liability of tort law. Commercial strict liability is not in respect of imputation, but to enact more strict liability system for the subject of behavior of the implementation. The aim of this system is called the idea of commercial strict liability, which can promote and regulate the development of market economy, and contribute to realize the main commercial right and interest. To a certain extent, the idea promotes to supervise the standardization operation of commercial behavior.In view of the system of each national commercial law generally reflects the idea of strict liability, but China still has no general rule of commercial law, and lack commercial cogitation. It’s necessary to rise the idea highly. I intend to explain the idea of strict liability from strict liability meaning, value and condition and so on. I apply the relevant provisions of the contract law to ensure the security of its significance and improve transaction efficiency. The idea of strict liability as the basic in commercial law emphasizes on the requirements of the strict obligations embodied in commercial legislation and trial. Although it is not enough to explore in-depth theoretical connotation and it is not systematic too. I have to admit that it exists universally in the common law system and civil law system. Reference to the relevant provisions of the extra-territorial commercial law, which contribute to scientific legislation and just trial on commercial law.This essay is divided into four parts:The first chapter:the meaning of the idea of commercial strict liability. Compared with various theories of strict liability, I found that the definition of strict liability tort more is explained from the point of view. There are two reasons. Firstly, tradition of civil liability is in deep-rooted. Secondly, commercial law liability fundamental research is weak. We are accustomed to resolve commercial disputes by the thought of civil law. The differences between civil and commercial law are not taken seriously. Strict liability is an important part of the construction of the basic theory of commercial law, and also reflect the independence of commercial law. It is meaningful to distinct commercial law liability and civil liability in theory.The second chapter:the value of the idea of strict liability. Strict liability concept reflects the trend of commercial law to protect freedom, secure human safe and so on. The acts of manufacturers are not only professional, but also is the biggest beneficiary of the whole process in commercial transactions. So they assume more demanding strict liability for granted. In commercial transactions based on the concept of strict liability, which make us understand clearly the difference between civil and commercial law on the value and functionality.The third chapter:the application limits of strict liability. Strict liability can motivate providers to improve the body’s own power to avoid the cost of externalities, help to establish harmonious order. We should be wary of the generalization of strict liability, otherwise it will make subject of commercial behaviors lose their vitality in a competitive market economy. Manufacturers and their acts are the core of the commercial legal system. Strict liability limits should apply to commercial subject, business behavior and exemptions.The fourth chapter:Reflections on the application of contract law caused by the idea of strict liability. Analyze the deficiency of Chinese contract law, combine the foreign judgments of legislation and reflect on the existing commercial system, how to apply commercial law thought to do just trial in commercial contracts and respond positively, which is look forward to all of the commercial legislation.