Legislation of Tort Liability Law in China [Paperback]

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 Chinas 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.

The Suggestions on Amending the Second Draft of Tort Liability Law for Examination and Approval.- The Several Suggestions on Enacting the Tort Liability Law.- On Several Technical Problems Concerning Enactment of Civil Code.- The General Provision of the Tort Liability Law.- The Legislation Pattern of Tort Law: General Provisions + Comprehensive Enumeration.- ?On the Legislative System of the Tort Liability Law.- On the Degree of Codification of the Tort Liability Law.- On the Causative Potency Theory in Tortl£