Legislation of Tort Liability Law in China

1. Front Matter

   Pages i-xxvi

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2. Prolegomenon

   • Xinbao Zhang

   Pages 1-27

3. Suggestions on Amending the Draft of Tort Liability Law

   1. Front Matter

      Pages 29-29

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   2. The Suggestions on Amending the Second Draft of Tort Liability Law for Examination and Approval

      • Xinbao Zhang

      Pages 31-108

   3. The Several Suggestions on Enacting the Tort Liability Law

      • Xinbao Zhang

      Pages 109-146

4. Research on the Legislative System of the Tort Liability Law

   1. Front Matter

      Pages 147-147

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   2. On Several Technical Problems Concerning Enactment of Civil Code

      • Xinbao Zhang

      Pages 149-157

   3. The General Provision of the Tort Liability Law

      • Xinbao Zhang

      Pages 159-170

   4. The Legislation Pattern of Tort Law: General Provisions + Comprehensive Enumeration

      • Xinbao Zhang

      Pages 171-178

   5. On the Legislative System of the Tort Liability Law

      • Xinbao Zhang

      Pages 179-195

   6. On the Degree of Codification of the Tort Liability Law

      • Xinbao Zhang

      Pages 197-229

5. Institutional Construction

   1. Front Matter

      Pages 231-231

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   2. On the Causative Potency Theory in Tort Law

      • Xinbao Zhang

      Pages 233-253

   3. Nine Treatises on the Liability for Joint Tort

      • Xinbao Zhang

      Pages 255-281

   4. Operators’ Duty of Safety Protection on Business Premises

      • Xinbao Zhang

      Pages 283-302

   5. On Burden of Proof in Medical Negligence

      • Xinbao Zhang

      Pages 303-324

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

      • Xinbao Zhang

      Pages 325-354

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

      • Xinbao Zhang

      Pages 355-378

   8. The Relation Between Right to Claim for Tort and Right to Claim for Restitution of Unjust Enrichment

      • Xinbao Zhang

      Pages 379-406

   9. On the Compensation for Death Caused by Torts

      • Xinbao Zhang

      Pages 407-438

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.

• Tort Liability Law
• Chinese Tort Law
• Punitive Damages
• Legislation Pattern
• Causative Potency
• Joint Tort
• Operators’ Duty
• Medical Negligence
• Personal Injury
• Mental Damage

• Renmin University of China Law School, China Legal Science Journals Press, Beijing, China

  Xinbao Zhang

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.

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