Legislation of Tort Liability Law in China
Legislation of Tort Liability Law in China

Author: Xinbao Zhang

Publisher: Springer

Published: 2017-11-22

Total Pages: 549

ISBN-13: 9811069611

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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.

Concise Chinese Tort Laws
Concise Chinese Tort Laws

Author: Xiang Li

Publisher: Springer

Published: 2014-07-08

Total Pages: 322

ISBN-13: 3642410243

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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.

Towards a Chinese Civil Code
Towards a Chinese Civil Code

Author: Lei Chen

Publisher: Martinus Nijhoff Publishers

Published: 2012-11-13

Total Pages: 577

ISBN-13: 9004204873

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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.

Chinese Civil Law for Business
Chinese Civil Law for Business

Author: Xiaoyang Zhang

Publisher:

Published: 2013

Total Pages: 333

ISBN-13: 9789627707936

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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. "

Chinese Tort Liability Law
Chinese Tort Liability Law

Author: Blumer Maja

Publisher: GRIN Verlag

Published: 2011

Total Pages: 83

ISBN-13: 9783640886432

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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.

The Chinese Civil Code in the Global Legal Order
The Chinese Civil Code in the Global Legal Order

Author: Mauro Bussani

Publisher: BRILL

Published: 2024-08-06

Total Pages: 423

ISBN-13: 9004704426

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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.

Private Law in China and Taiwan
Private Law in China and Taiwan

Author: Yun-chien Chang

Publisher: Cambridge University Press

Published: 2017

Total Pages: 361

ISBN-13: 1107154243

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Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Modernising Civil Liability Law in Europe, China, Brazil and Russia
Modernising Civil Liability Law in Europe, China, Brazil and Russia

Author: Gert Brüggemeier

Publisher: Cambridge University Press

Published: 2011-05-19

Total Pages: 301

ISBN-13: 1139497626

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Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.

Chinese Law of Personality Rights I
Chinese Law of Personality Rights I

Author: Wang Liming

Publisher: Taylor & Francis

Published: 2022-07-29

Total Pages: 177

ISBN-13: 1000607844

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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.

Chinese Civil Law
Chinese Civil Law

Author: Yuanshi Bu

Publisher: Bloomsbury Publishing

Published: 2013-07-30

Total Pages: 324

ISBN-13: 1782251073

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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.