Tort liability based on fairness the legislative and judicial practices in China Wang Zhu

Format:

Book

Author/Creator:

Wang, Zhu, 1981- author.

Standardized Title:

Qin quan gong ping ze ren lun. English

侵权公平责任论. English

Language:

Chinese

English

Subjects (All):

Torts.

Liability (Law).

China.

Physical Description:

1 online resource

Place of Publication:

Singapore Springer [2026]

Summary:

"By a process of investigations into origin, development and theoretic foundations of the tort liability based on fairness, this book analyzes the myriads of practical cases to offer deep insights into application rules, grounds for defense, compensation scope and the supplementary role of application, and elucidates theoretic restrictions upon its judicial application, aiming to preclude the tort liability based on fairness from being abused judicially, and establishing China's indigenous theoretical system of tort liability based on fairness. Contained under Civil Code are the orientation and rule adjustment of the liability based on fairness, in the light of which this book recommends the provisions for judicial interpretations of related provisions to “the tort liability based on fairness” under the Code, with the hope to lay references for relevant judicial interpretations to be drawn up by people's courts"-- Springer Nature Link

Contents:

Introduction to tort liability based on fairness

Tort liability based on fairness in continental law system

Equitable remedies in common law system

Transition, current situation and prospect of the system of tort liability based on fairness in China

Liability based on fairness for harms caused by the ward

Liability of paying for relief based on fairness for harms caused by the person temporarily losing control of conduct without fault

Process of establishing Art. 132 on liability based on fairness in the former General Principles of Civil Law

General theories on liability of apportionment of loss based on fairness for unilateral accident in concerted danger

Liability of paying for relief based on fairness for harms caused by motor vehicle traffic accidents

Liability of paying for relief for thrown or falling objects from high altitudes

The liability based on fairness for protection of person of gratuitous individual helper relationship

Liability based on fairness by the beneficiary for the damage to the righteous rescuer in emergency

Notes:

"Translation from the Chinese language edition: “Qin quan gong ping ze ren lun: wo guo qin quan fa shang gong ping ze ren de li fa yu si fa yan jiu” by Zhu Wang and Monica Liu, © China Renmin University Press 2021. Published by China Renmin University Press"--Title page verso

"Translation from the Chinese language edition: “侵权公平责任论: 我国侵权法上公平责任的立法与司法研究” by Zhu Wang and Monica Liu, © China Renmin University Press 2021. Published by China Renmin University Press"--Title page verso

Includes bibliographical references and index

Online resource; title from PDF title page (Springer Nature Link, viewed April 30, 2026)

Other Format:

Print version Wang, Zhu, 1981- Tort liability based on fairness

ISBN:

9789819555512

9819555515

OCLC:

1587117584

Access Restriction:

Restricted for use by site license