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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.
List of 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.
About the author
Prof. Zhang Xinbao is a well-known civil law scholar in China. He is the Editor-in-Chief of The China Legal Science Journals Press and Professor at China Law School of Renmin University. In addition, he is selected as the Distinguished Professor of Yangtse River Scholar by the Ministry of Education of the People's Republic of China, and one of the "Ten Outstanding Young Jurists" by the China Law Society. The research fields of Prof. Zhang Xinbao include tort liability law, personality law, contract law, the general provisions of the civil law, and information law.Prof. Zhang Xinbao got his LL.B degree from Southwest College of Political Science and Law in 1984, and LL.M degree from Renmin University of China Department of Law in 1986. Prof. Zhang studied the US tort law at Syracuse University from 1991 to 1993. He got his Ph.D. degree from Chinese Academy of Social Sciences in 1997.
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.
