Chinese Tort Liability Law
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| Author | : Xinbao Zhang |
| Publisher | : Springer |
| Total Pages | : 549 |
| Release | : 2017-11-22 |
| Genre | : Law |
| ISBN | : 9811069611 |
This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.
| Author | : Xiang Li |
| Publisher | : Springer |
| Total Pages | : 322 |
| Release | : 2014-07-08 |
| Genre | : Law |
| ISBN | : 3642410243 |
The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.
| Author | : Blumer Maja |
| Publisher | : GRIN Verlag |
| Total Pages | : 83 |
| Release | : 2011 |
| Genre | : |
| ISBN | : 9783640886432 |
Research Paper (postgraduate) from the year 2011 in the subject Law - Comparative Legal Systems, Comparative Law, language: English, abstract: The Chinese Tort Liability Law came into force in 2010 and is well worth studying, as it allows for some insights into Chinese society and the progress in Chinese law. However, few can boast sufficient language proficiency to understand the original text. This translation into English aims at making the life of those wanting to get a quick insight into Chinese law somewhat easier. The language is kept as simple as possible, while pinyin transcription is provided, so the reader can easily look up the exact terms by himself and may choose what meaning he deems most suitable for ambiguous terms. Furthermore, a brief summary of the Chinese Tort Liability Law should help to understand its concept and its particular features.
| Author | : Lei Chen |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 577 |
| Release | : 2012-11-13 |
| Genre | : Law |
| ISBN | : 9004204873 |
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
| Author | : Yang Lixin |
| Publisher | : |
| Total Pages | : |
| Release | : 2018 |
| Genre | : |
| ISBN | : 9783709700884 |
| Author | : Xiaoyang Zhang |
| Publisher | : |
| Total Pages | : 333 |
| Release | : 2013 |
| Genre | : Civil law |
| ISBN | : 9789627707936 |
La 4e de couverture indique : "This book offers clear and comprehensive coverage of civil law in China as it pertains to business. It takes a practical approach and is heavy on examples that are based on actual legal cases that have occurred in China. Using these examples, the author illustrates how civil law plays out in real-life situations. The first two chapters describe the development and general principles of civil law in China, and this is followed by chapters on property rights law, the law of contract and tort liability law. China does not yet have a single civil code, and its civil law regime is made up of a complicated patchwork and hierarchy of laws and statutes. This book systematically gathers the relevant articles from these diverse sources under its chapter topics, explaining any differences among applicable laws and pointing out which take precedent. The book offers fresh translations of the relevant legal texts. This should be a welcome addition to the field as there are few official English translations of these laws, and the unofficial ones vary greatly. The author provides explanations that make these sometimes difficult texts easily accessible. Business people, students and scholars will all benefit greatly from this book. Readers will be repaid with an understanding of civil law that will make them more adept in any consideration of business in China and in any business dealing there. They will also gain a fuller picture of China's economic systems (particularly its property system), the rationale behind these systems, and the policy orientations that will steer their future development. "
| Author | : Liming Wang |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : Compensation (Law) |
| ISBN | : 9780837742748 |
This work systematically explains China's Tort Liability Law, and at the same time refers to a large number of relevant theoretical achievements and practical experience of foreign tort liability law. It can be regarded as a comprehensive theoretical work on tort liability law written by Chinese scholars. It is one of the most important works of theoretical research on tort liability law in China. Compared with similar works, the uniqueness lies in the author's construction of a system of sub-rules of China's tort liability law, and a detailed and in-depth study of various special tort liability types.--Publisher.
| Author | : Mauro Bussani |
| Publisher | : BRILL |
| Total Pages | : 423 |
| Release | : 2024-08-06 |
| Genre | : Law |
| ISBN | : 9004704426 |
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
| Author | : Yuanshi Bu |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 324 |
| Release | : 2013-07-30 |
| Genre | : Law |
| ISBN | : 1782251073 |
China is a major civil law jurisdiction. Since the end of the 1990s great efforts have been made in China to codify the entire civil law. With the major statutes governing contracts, property, torts and conflict of laws promulgated in 1999, 2007, 2009 and 2010 respectively, the most crucial steps have been taken towards the creation of a Chinese Civil code. This book attempts to shed light on both the theoretical and the practical aspects of Chinese civil law, while extensive footnotes and a detailed bibliography and index allow for further study of specific areas and facilitate systematic research. The book addresses the following topics: Part I General, Part II Contracts, Part III Tort Law, Part IV Property Law, Part V Conflict of Laws. Main features: Combination of an overall picture of the specific field of law at issue and thorough analysis of fundamental issues. Combination of black letter law and law in action. Selected bibliography of publications in English, information on English translations of Chinese regulations available in the public domain, lists of the relevant statutes and judicial interpretations, as well as cases.
| Author | : Wang Liming |
| Publisher | : Taylor & Francis |
| Total Pages | : 177 |
| Release | : 2022-07-29 |
| Genre | : Law |
| ISBN | : 1000607844 |
This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
