Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example

  • Zhu WangEmail author


Some scholars believe that, all the laws adopted by NPC and its Standing Committee can be deemed as basic civil laws. What can be deduced from this opinion is that, whether the Tort Liability Law is adopted by NPC as a basic civil law will not affect the application of such law. The Writer can’t agree with such opinion. As mentioned above, the demonstration of constitutionality of legislative procedure for the Tort Liability Law reveals that, the Tort Liability Law is not a basic civil law within the meaning of the Constitution, and the Real Rights Law, and the Contract Law which is deemed as basic civil law by default is also faced with such dilemma. With the promulgation of the General Provisions of Civil Law, this dilemma relating to status of law will bring about more complicated problem relating to application of law. In the following sections, this Writer will start with the status of the Tort Liability Law as a non-basic law, interpret the problem relating to application of law brought about by the dilemma in status of law, try to find the application-of-law norm route for the transitional period when the Civil Code is being compiled, and forecast the constitutionality of legislation of essential tort law in future.


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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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