论妨碍经营的侵权责任民商法学专业论文.docxVIP

重庆大学硕士学位论文英文摘要 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT In the modern society, although the business activities are in the growing prosperity, there are a lot of infriging acts in business, including malicious prejudice, malicious boycott, damaging assessment and so on, which cause huge loss of interests of operators in business, so it is recognized that realise the right to operate needs to protected by tort law. However, in China there are no articles of law for infriging acts in business, and there are different attitudes towards the legal application of them in the judicial practice. Therefore, on the basis of the traditional tort liability system and the special nature of infringement in business, the author studies the tort liability system of infriging acts in business. Paper is divided into seven parts, and the second to the sixth part is the body of paper. The first part is the introduction of this article, regarded as the basis of whole analysis. Legal relief always lags behind damage, so that the legislature would not consider to establish the legal system for the damage until they become huge enough. In this part, the author has proved the necessity to establish the tort liability system of infriging acts in business, which leads readers to the main content of paper. The second part focuses on the concept of infriging acts in business and its manifestations. Firstly, this part defines infriging acts in business as a tort, which does harm to business activities and causes loss of interests of operators in business, so the tortfeasor should assume responsibility. Secondly, this part mades malicious prejudice, malicious boycott, damaging assessment, administrative malfeasance and improper behavior the manifestations of infriging acts in business. Thirdly, this part discusses the advantages of the tort liability system of infriging acts in business. The third part studies on the requisites for the civil liability of infriging acts in business. It argues the