Goodwill Protection Of The Right To Legal Issues

Goodwill right is an important commercial affair right with value and it plays an important role in economics and society of the market. But with the showing especially of property value of goodwill, goodwill tort becomes extremely noticeable. Because the attitude of our country's legislation to protect goodwill right is not clear, authority to the law has been challenged by goodwill tort that is becoming serious day by day. Inbounds, goodwill right protection issue does not cause people's enough concerns in law science and its special research results are very few so far. Goodwill tort is referred only by a few words and not described in many scholars' theoretical research of law against competition by inappropriate means. In one such case that relevant theories lack seriously, legislation to goodwill right protection in practice of our country is very insufficient. So, on the basis of extant theories, the author tries to analyze and discuss the goodwill right protection system, in the hope of promoting the further investigations of the problem of goodwill right protection, finishing the construction of goodwill right protection system, adjusting the contradiction among legal provisions and reality, equilibrating the interests between every civil subject and establishing the authority of the law again.The serious disappearances of relevant legal structure make the protection of goodwill right face numerous difficulties, which is the reality prerequisite of the theoretical study of this thesis. In order to seek a kind of suitable legal goodwill right protection mode, this thesis first explores the source of goodwill from the law history, and then carries on the localization on legal attribute of goodwill right. For being distinct of the essential intension of goodwill right, this thesis then compares the protection mode and structure range to goodwill right of countries all over the world.