Understanding The Law Of Torts In China
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Author | : Yun-chien Chang |
Publisher | : Cambridge University Press |
Total Pages | : 361 |
Release | : 2017 |
Genre | : Law |
ISBN | : 1107154243 |
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author | : Mauro Bussani |
Publisher | : Edward Elgar Publishing |
Total Pages | : 584 |
Release | : 2021-02-26 |
Genre | : Law |
ISBN | : 1789905982 |
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Mo Zhang |
Publisher | : BRILL |
Total Pages | : 389 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9004150412 |
This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.
Author | : Jianfu Chen |
Publisher | : BRILL |
Total Pages | : 1131 |
Release | : 2015-12-04 |
Genre | : Law |
ISBN | : 9004228896 |
China has changed and the continuing changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
Author | : John C. P. Goldberg |
Publisher | : Harvard University Press |
Total Pages | : 393 |
Release | : 2020-02-04 |
Genre | : Law |
ISBN | : 0674246527 |
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author | : Yuhong Zhao |
Publisher | : Cambridge University Press |
Total Pages | : 519 |
Release | : 2021-06-17 |
Genre | : Business & Economics |
ISBN | : 1107039444 |
Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.
Author | : James Gordley |
Publisher | : Cambridge University Press |
Total Pages | : 735 |
Release | : 2021-01-28 |
Genre | : Law |
ISBN | : 1108835848 |
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
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.