A Legal Question Research Of The Contracting Process Obstructed By The Third Party

With the development of commodity economy, contract has become the most important form of the property transition. However, the contracting process may be obstructed by the third party occasionally. So, it is extremely necessary to enhance the legal protection on the interests of the participants of a contract. And it is also the inherent requirement of the modern economy. Limited by the ’Relative Rule of the Contract’, the ’Contract Law’ could not be applied on the third party’s behavior, which may obstruct the contracting process, any more. Also, the ’Anti-Unfair Competition Law’ could only be used to punish the person with illegal behaviors rather than compensate the loss of the contracting participants. It is unfair for the contracting participants. Therefore, a study on the obstructing behavior on the contracting process of the third party will contribute to the improvement of Chinese market economic system and standardization the market competition order.The obstructing behavior on the contracting process of the third party has been paid enough attention by foreign researchers. However, few studies have been reported or published by Chinese researches on this area. Although disputations exist, researchers from many countries reach an agreement to adjust this problem based on the tort law. To kick off this study, it is necessary to give a clearly definition of the obstructing behavior on the contracting process of the third person. Then, the rights and interests of the participants of a contract should be settled. At last, suggestions on how to protect the rights and interests of the participants of a contract will be proposed.In this paper, the following aspects have been discussed. Firstly, a definition of the obstructing behavior on the contracting process of the third party has been given. Secondly, an analysis has been conducted on the damage on the interests of the contract participants and then a conclusion has been obtained that the loss suffered by the offeror and the offeree at the same time is a pure loss of economic benefits. Such interests infringed by the third party belong to the contracting interests.Also, the Contracting interests should belong to the ’interests protected by the law’ noted in ’Tort Liability Law’. So, the contracting interests should be protected by the law. There are two applicable statutes. One is the Article 2 of ’Tort Liability Law’. It is a general term which covers all kinds of infringement. But it cannot be used directly as a referee because it does not describe the constituent elements of the tort liability.Another statute is the ’Tort Liability Law’, article 6, paragraph 1, which states the Tort Liability. So, it could be used as a referee basis to judge. However, the wide applicable range of this statute gives an equal protection on the absolute right and other interests. It is really horrible because it will break the balance between the protection of the contracting process and the freedom of behavior. As no authoritative explanation of the ’Tort Liability Law’ has been released, it is of significant importance to introduce an interpretation limit on this statute. Therefore, at the end of this paper, a narrow interpretation has been employed to judge the tort liability of the third party on the contracting process by introducing special restrictions.