Constitutionality of Legislative Procedure—Taking Constitutionality Interpretation for Legislative Procedure of the Tort Liability Law as an Example

  • Zhu WangEmail author


The Tort Liability Law of China was adopted at the 12th Meeting of Standing Committee of 11th NPC on December 26, 2009. Since such law has always been regarded as a basic civil law which stands side by side with the Real Rights Law and the Contract Law, the fact that it was not deliberated and adopted by NPC has aroused great controversy in the public and academic circle. In face of such controversy, Wang Shenming, the deputy director of the Legal Affaires Commission under the NPC Standing Committee gave the explanation at the news release conference held by the General Office of the NPC Standing Committee as follows: “Through repeated study, the NPC Law Committee and the Legal Affaires Commission under NPC Standing Committee believe that, from actual contents, the Tort Liability Law is actually enacted on the basis of the laws such as General Principles of the Civil Law. General Principles of the Civil Law was enacted in 1986, and thereafter some relevant laws were enacted. The Tort Liability Law is the refinement, supplementation and improvement of the laws such as General Principles of the Civil Law. According to the provisions of the Constitution and the Legislation Law, the Standing Committee has the authority to adopt the Tort Liability Law.”


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© China University of Political Science and Law Press 2020

Authors and Affiliations

  1. 1.Law SchoolSichuan UniversityChengduChina

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