Coordination Of Two Characters Of Legal Nexus Of "Inducement Of Breach Of Contract"

“Inducement of Breach of Contract”, also named as “Contract Interference”, a type of infringement of creditor’s rights by third parties, is not a new but still marginalized theory in China. Both Contract Law and Tort Liability Law refer to this theory. But there is lack of clear rules in terms of its constitutive elements, grounds for exemption from liability, which easily leads to ambiguity in judicial practice. Moreover, studies on this theory from a competition law perspective are relatively limited. I, starting from the issues faced during my daily work, try to make a comprehensive research on “Inducement of Breach of Contract” from both tort law perspective and competition law perspective – just like two sides of a coin and raise my personal views towards how to establish a sound “Inducement of Breach of Contract” legal system in China.This Dissertation consists of three parts – Foreword, Main Body and Conclusion.In the part of Foreword, I lay out the matter of both sides using the real-life examples experienced in my work practice; and then state the main purpose of this Dissertation with a brief introduction of the way of proof I plan to utilize.There are four chapters in the main body of this Dissertation.Chapter I: General Introduction of the origin and history of the theory and then leading to the concept given by me.Chapter II: Introduction of my research on two characters of “Inducement of Breach of Contract”-- tort law character and competition law character. The focus is on how to consummate its constitutive elements, grounds for exemption from liability from a competition law perspective. The competition law character of “Inducement of Breach of Contract” is further proved by the anti-competition character of the responsive measures against “Inducement of Breach of Contract”.Chapter III: Introduction of the old coordination mechanism between the two characters and its shortcomings and then referring to the theory of “Efficient Breach”. New coordination mechanism is constructed accordingly.Chapter IV: Analysis of the current situation of “Inducement of Breach of Contract” system in China especially from the Anti-Unfair Competition Law perspective and introduction of my personal recommendations from four angles.Conclusion: A summary of my views and feelings of “Inducement of Breach of Contract”.