Legislation of Tort Liability Law in China / by Xinbao Zhang.

Format:

Book

Author/Creator:

Zhang, Xinbao, Author.

Language:

English

Subjects (All):

Conflict of laws.

Civil law.

Political science.

Private International Law, International & Foreign Law, Comparative Law .

Civil Law.

Philosophy of Law.

Local Subjects:

Private International Law, International & Foreign Law, Comparative Law .

Civil Law.

Philosophy of Law.

Physical Description:

1 online resource (XXIV, 538 p.)

Edition:

1st ed. 2018.

Place of Publication:

Singapore : Springer Singapore : Imprint: Springer, 2018.

Summary:

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.

Contents:

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 Tort Law

Nine Treatises on the Liability for Joint Tort

Operators’ Duty of Safety Protection on Business Premises

On Burden of Proof in Medical Negligence

The Relationship Between the Right to Claim for Compensation from Work-Related Injury Insurance and the Right to Claim Compensation for Personal Injury

The Relation Between Right to Request Tort Liability and Right to Request Property Rights

Relationship Between Right of Claim for Tort and Right of Claim for Restitution of Unjust Enrichment

On The Compensation for Death Caused by Torts

On The Compensation for Mental Damage Due to Death By Infringement

Pure Economic Loss and Its Compensation Rules

On Legislation of Punitive Damages

Assumption of Compensation Liability by the Motor Vehicle: On the Compensation Obligor in Road Traffic Accidents

On Negative Theory of “News (or Media) Infringements”

Inappropriateness of the Stipulation of Specific Tort Liability in Administrative Regulations.

Notes:

Includes bibliographical references at the end of each chapters.

ISBN:

981-10-6961-1