The explosive economic development in China over the last three decades has created social challenges unprecedented in the country’s history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China’s tort law system. Granted that some concepts or theories in China’s modern tort laws were ‘borrowed’ from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts’ application of China’s tort laws and the meaning of the corresponding statutes.
Inhoudsopgave
Part 1 Torts in Theory.- The Development of Tort Law in China.- Tortious Act and Tort Liability.- Imputation Principles of Tort Liability.- Elements of Tort Liability.- Joint Tort Liability.- Affirmative Defenses Against Tort Liability.- General Tort Liability.- Special Provisions on Liable Parties.- Special Tort Liability.- Form of Tortious Liability.- Methods for Assuming Liability.- Damage Compensation.- Part 2 Torts in Statute.- General Provisions.- Constituting Liability and Methods of Assuming Liability.- Circumstances to Waive Liability and Mitigate Liability.- Special Provisions on Tortfeasors.- Product Liability.- Liability for Motor Vehicle Traffic Accident.- Liability for Medical Malpractice.- Liability for Environmental Pollution.- Liability for Ultrahazardous Activities.- Liability for Harm Caused by Domestic Animals.- Liability for Harm Caused by Objects.- Supplementary Provision.- Part 3 Torts in Practice.- General Provisions.- Constituting Liability and Methods of Assuming Liability.- General Tort Liability.- Defenses for Tort Liability.- Special Provisions on Tortfeasors.- Product Liability.- Liability for Motor Vehicle Traffic Accident.- Liability for Medical Malpractice.- Liability for Environmental Pollution.- Liability for Ultrahazardous Activities.- Liability for Harm Caused by Domestic Animals.- Liability for Harm Caused by Objects.
Over de auteur
Professor Xiang Li is a nationally recognized expert in the area of comparative tort law. He joined the faculty of the China University of Political Science and Law as associate professor in 2006. He also holds a joint appointment with the Europe Union-China School of Law. Professor Li specializes in torts and civil procedure. Additional research areas of focus are: contract, product liability, charity and copyright law. Professor Li earned his LL.B. from Fudan University, and his J.D. from University of Minnesota Law School. His research has been published in a variety of outlets in law, legal education, and social policy. His publications include: Problems in Tort Law (co-authored) Cases and Materials on Products Liability, Basic Contract Law, the Law of Civil Procedure, Class Actions in a Comprehensive Horizon (co-authored), American Copyright Law, and Torts: Fundamentals, Cases and Materials.
Jigang Jin is a litigation attorney with an international law firm (Skadden, Arps, Slate, Meagher & Flom LLP). He specializes in IP and complex commercial litigations, and is based at the firm’s Silicon Valley office. Jigang graduated with a J.D. degree from University of Minnesota Law School and a B.E. degree from Xi’an Jiaotong University. He is also the author of a novel.
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