Download or read book Legislation of Tort Liability Law in China written by Xinbao Zhang and published by Springer. This book was released on 2017-11-22 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Concise Chinese Tort Laws written by Xiang Li and published by Springer. This book was released on 2014-07-08 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Download or read book Chinese Civil Law for Business written by Xiaoyang Zhang and published by . This book was released on 2013 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "This book offers clear and comprehensive coverage of civil law in China as it pertains to business. It takes a practical approach and is heavy on examples that are based on actual legal cases that have occurred in China. Using these examples, the author illustrates how civil law plays out in real-life situations. The first two chapters describe the development and general principles of civil law in China, and this is followed by chapters on property rights law, the law of contract and tort liability law. China does not yet have a single civil code, and its civil law regime is made up of a complicated patchwork and hierarchy of laws and statutes. This book systematically gathers the relevant articles from these diverse sources under its chapter topics, explaining any differences among applicable laws and pointing out which take precedent. The book offers fresh translations of the relevant legal texts. This should be a welcome addition to the field as there are few official English translations of these laws, and the unofficial ones vary greatly. The author provides explanations that make these sometimes difficult texts easily accessible. Business people, students and scholars will all benefit greatly from this book. Readers will be repaid with an understanding of civil law that will make them more adept in any consideration of business in China and in any business dealing there. They will also gain a fuller picture of China's economic systems (particularly its property system), the rationale behind these systems, and the policy orientations that will steer their future development. "
Download or read book Chinese Tort Liability Law written by Blumer Maja and published by GRIN Verlag. This book was released on 2011 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2011 in the subject Law - Comparative Legal Systems, Comparative Law, language: English, abstract: The Chinese Tort Liability Law came into force in 2010 and is well worth studying, as it allows for some insights into Chinese society and the progress in Chinese law. However, few can boast sufficient language proficiency to understand the original text. This translation into English aims at making the life of those wanting to get a quick insight into Chinese law somewhat easier. The language is kept as simple as possible, while pinyin transcription is provided, so the reader can easily look up the exact terms by himself and may choose what meaning he deems most suitable for ambiguous terms. Furthermore, a brief summary of the Chinese Tort Liability Law should help to understand its concept and its particular features.
Download or read book The Chinese Civil Code in the Global Legal Order written by Mauro Bussani and published by BRILL. This book was released on 2024-08-06 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Download or read book The Emergence of Tort Liability for Online Privacy Violations in China written by Scott Livingston and published by . This book was released on 2015 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 2009 and 2014, China's legislative organs promulgated a series of fundamental data privacy laws and regulations. Amongst these developments is an increased attention to providing individuals a civil recourse (or tort action) in instances where their personal privacy has been violated by online activities. This first part of a two-part article focuses on such protections as existed via China's 1986 General Principles of the Civil Law (GPCL), and there subsequent codification in the 2009 Tort Liability Law (TLL). However, these developments have not, in themselves, led to a significant level of litigation, possibly due to uncertainly over how the TLL would function in this area. However some cases under the GPCL, notably the Wang Fei case, may have a continuing significance for the meaning of privacy under Chinese law, and on the role of intermediaries (IISPs). The second part of the article will focus on an attempt to clarify some of these uncertainties, China's Supreme People's Court passed a regulation in October 2014 entitled “The Supreme People's Court Regulations Concerning Some Questions of Applicable Law in Handling Civil Dispute Cases Involving the Use of Information Networks to Harm Personal Rights and Interests.” (SPC Regulation).
Download or read book Modernising Civil Liability Law in Europe China Brazil and Russia written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2011-05-19 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.
Download or read book Chinese Civil Law written by Yuanshi Bu and published by Bloomsbury Publishing. This book was released on 2013-07-30 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is a major civil law jurisdiction. Since the end of the 1990s great efforts have been made in China to codify the entire civil law. With the major statutes governing contracts, property, torts and conflict of laws promulgated in 1999, 2007, 2009 and 2010 respectively, the most crucial steps have been taken towards the creation of a Chinese Civil code. This book attempts to shed light on both the theoretical and the practical aspects of Chinese civil law, while extensive footnotes and a detailed bibliography and index allow for further study of specific areas and facilitate systematic research. The book addresses the following topics: Part I General, Part II Contracts, Part III Tort Law, Part IV Property Law, Part V Conflict of Laws. Main features: Combination of an overall picture of the specific field of law at issue and thorough analysis of fundamental issues. Combination of black letter law and law in action. Selected bibliography of publications in English, information on English translations of Chinese regulations available in the public domain, lists of the relevant statutes and judicial interpretations, as well as cases.
Download or read book Chinese Law of Personality Rights I written by Wang Liming and published by Taylor & Francis. This book was released on 2022-07-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Download or read book The Civil Code of the People s Republic of China written by Durham Law School and published by BRILL. This book was released on 2021-10-18 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
Download or read book On the Constitutionality of Compiling a Civil Code of China written by Zhu Wang and published by Springer Nature. This book was released on 2019-11-15 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates “Pragmatic Methods” as a new approach to compiling a Civil Code of China and shares the author’s thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author’s “mode of the codifying of non-basic laws” for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China – a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on “Judicial Opinions of China” website, which is the first step of the author’s plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.
Download or read book Tort Liability Law of China written by Yang Lixin and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by BRILL. This book was released on 2018-03-06 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community.
Download or read book Chinese Law of Personality Rights II written by Wang Liming and published by Taylor & Francis. This book was released on 2022-09-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of articles on the codification experience of China’s Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
Download or read book Road Traffic Liability in China written by Yu Yan and published by BRILL. This book was released on 2019-11-11 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Road Traffic Liability in China: A View from Law and Economics Yu Yan offers an in-depth analysis of the Chinese road traffic liability system, with other alternative accident prevention and compensation systems from a view of law and economics.
