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Legislation of Tort Liability Law in China

  • Xinbao Zhang

Table of contents

  1. Front Matter
    Pages i-xxvi
  2. Xinbao Zhang
    Pages 1-27
  3. Suggestions on Amending the Draft of Tort Liability Law

  4. Research on the Legislative System of the Tort Liability Law

  5. Institutional Construction

  6. Controversial Issues

About this book

Introduction

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.

Keywords

Tort Liability Law Chinese Tort Law Punitive Damages Legislation Pattern Causative Potency Joint Tort Operators’ Duty Medical Negligence Personal Injury Mental Damage

Authors and affiliations

  • Xinbao Zhang
    • 1
  1. 1.Renmin University of China Law School, China Legal Science Journals PressBeijingChina

Bibliographic information

  • DOI https://doi.org/10.1007/978-981-10-6961-1
  • Copyright Information Springer Nature Singapore Pte Ltd. 2018
  • Publisher Name Springer, Singapore
  • eBook Packages Law and Criminology
  • Print ISBN 978-981-10-6960-4
  • Online ISBN 978-981-10-6961-1
  • Buy this book on publisher's site