An Empirical Study On The Civil Protection Of The Right Of Goodwil

With the development of economy and society,goodwill has become more and more important to the main body of commerce,and the value of goodwill has been more and more accepted by the legal and economic circles,the legal protection of the right of goodwill has been paid more and more attention by the state and commercial subjects.Many countries and regions in the world have formulated rules for the protection of goodwill right and related interests to strengthen the protection of goodwill right.Even though there are more and more cases involving goodwill tort in China in recent years,the nature of goodwill right has not been confirmed by national legislation.As far as our country's legislation is concerned,we have not yet clarified the legal status of the right of goodwill.China's "general provisions of Civil Law","Trademark Law","law against unfair competition" and other relevant laws are scattered concerning the protection of the right of goodwill,can Not cover the full legal rights of goodwill.At the time of compiling the Civil Code,the legislature should consider the whole system design of the protection of the right of goodwill in the process of compiling the civil code.At present,the compilation of personality right in the Civil Code of China(draft)has been Standing Committee of the National People's Congress twice.The right of personality can be compiled separately in the Civil Code,leaving enough room for the expansion of the right of personality,however,the omission of goodwill right still reflects the lack of theory and system to some extent,and the protection scope of goodwill right,infringement,relief measures,compensation rules and other issues need to be further studied..Based on China's judicial practice,through the use of literature research,statistical analysis,case study and comparative analysis,mainly from the goodwill infringement constitution confirmation and the goodwill infringement relief measure uses these two aspects to launch the research and the analysis.In addition to the introduction,this article is mainly composed of three parts.First of all,the goodwill right legal protection outline and the judicial case sampleselection.This part mainly analyzes the concept of goodwill right,the present situation of our country's legislation,the requirements of infringement of goodwill right and the compensation for damages.Secondly,the empirical analysis of the legal protection of goodwill right.The author carries on the big data statistical analysis and the classical case analysis through to the judicial case sample which selects,this paper probes into the necessity of strengthening the protection of the right of goodwill and the characteristics,problems and reasons of dealing with the cases of damages for the right of goodwill in judicial practice.Thirdly,the foreign goodwill right infringement protection and consummates our country goodwill right legal protection suggestion.The author analyzes and compares the Foreign Goodwill Right Protection Legislation Pattern,the goodwill infringement constitution confirmation standard and the goodwill infringement damage compensation standard,summarizes to our country consummates the goodwill right protection.On the basis of full research and analysis,the author puts forward some suggestions from three aspects: Legislative Mode,the standard of Tort Constitution and the standard of tort damages.