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Introduction to Chinese Torts Law

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Author: Mo Zhang;
Page: 345
Publication Date: 03/2014
ISBN: 9787302352068
Details
An Introduction to Chinese Torts Law provides comprehensive and in-depth study and analysis of Chinese torts law and system It is primarily based on the newly adopted Tort Liabilities Law of China (2009) and examines the basic principles and rules in Chinese torts regime. It is designed to offer concise and analytical review of tort theories and practices in China and to enhance understanding of.
Table of Contents
Preface
Introduction
1. Torts in Chinese Legal History
2. Issues Facing the Torts Legislation
3. Basic Structure of the Torts Law
Part One Torts in General
Chapter I Torts and Its Determination
1. Concept of Torts
a. Definition
b. Right of Claim
c. Concurrent Liability
2. Determination of Tort
a. Conduct
b. Damages
c. Causation
3. Functions of the Torts Law
4. Coverage of the Torts Law
Chapter II Liability Basis and Imputation
1. General Principle of Fault
a. Definition of Fault
b. Burden of Proof
2. Presumption of Fault
3. Liability Without Fault
4. Fairness Principle
Chapter HI Multiple Tortfensors and Liability Allocation
1. Joint Tort ..
a. Joint Conduct
b. Join Danger
c. Joint Cause
2. Joint Tort Liability
Chapter IV Peculiar Tortfeasors and Liabifity
I. Special Relationship Torffeasors
a. Guardianship and Employment
b. Other Tortfeasors
2. Capacity-Impeded Tortfeasors
a. Causes of Capacity Impediment
b. Principle of Faimess in Compensation
3. Intemet Related Tortfeasors
a. Internet Related Torts
b. Liability Rules
Chapter V Defenses to Tort Liability
I. Concurrent Fault of Plaintiff: Fault Offset Rule
2. Intentional Conduct of Plaintiff: Liability Exemption Rule
3.ACt of Third Party: Non Joint Tortfeasor Rule
4. Force Majeure: Statutory Excuse
5. Self Defense: Justified Defense
6. Necessity: Rule of Emergency
Chapter VI Mechanism of Tort Liability Assumption and Remedies.,
1. Liability Assumption and Principles
2. Forms of Remedy
a. Cessation of Infringement
b. Removal of Obstruction
c. Elimination of Danger
d. Return of Property
e. Restoration of Original Status
f. Loss Compensation
g. Apology
h. E hmination oflll Effect and Rehabilitation of Reputation.
Chapter VII Damages and Compensation
1. Personal Damages
2. Property Damages
3. Mental Damages
Part Two Special Torts
Chapter VIII Products Liability
1. Definition and Required Elements
2. Liability Imposition: Rules and Mechanism
a. Non-Fault Liability
b. Extended Liability
c. Right of Recourse ~
a. Punitive Damages
e. Mandatory Warning and Recall System
f. Preventive Measures
g. Liability Reduction or Exemption
Chapter IX Motor Vehicle Traffic Accident Liability
1. Liability in General
2. Leased or Borrowed Motor Vehicles
3. Sold Motor Vehicles
4. Illegally Assembled or Retiring Motor Vehicles
5. Stolen or Robbed Motor Vehicles
6. Hit-and-Runs
Chapter X Medical Tort Liabilities
1. Medical Damages Categorization
2. Fault Liability
3. Determination of Fault
a. Duty of Diagnosis and Treatment
b. Duty to Keep Patients Informed
c. Duty to Maintain Medical Records
d. Duty of Non-disclosure
e. Duty to Avoid Unnecessary Medical Examination
4. Presumption of Fault
5. Damage Caused by Medical Products
6. Liability Exemption
7. Legal Restraint on Patients
Chapter XI Liability for Environmental Pollution
1. Liability without Fault
2. Scope of Protection
3. Determination of Causation: Reversed Burden of Proof
4. Rule of Pollution Share
5. Third Party's Action
6. Remedy Rules
Chapter XH Ultra-HazardousActivity Liability
1. Liability Basis
2. Categories of Ultra-Hazardous Activity
a. Civil Nuclear Facilities
b. Civil Aircrafts
c. Other Ultra-hazardous Operation
d. Highly Dangerous Materials
3. Statutory Defenses
a. Assumption of Risk
b. Uncontrollable Force
4. Ceiling of Compensation
Chapter XIII Harm by Raised Animals 
1. Classification of Raised Animals
2. Nature of Liability
3. Liable Person
4. Defenses
5. Third Party's Fault
6. Moral Duties
Chapter XIV Harm by Unknown or Unattended Objects
1. Falling Object from a Building, Structure or Other Facility
2. Collapse of Building, Structure or Facility
3. Object Without Identifiable Source
4. Stacked Objects, Public Road Obstruction and Broken Trees
a. Collapse of the Stacked Objects
b. Obstructive Objects on the Public Road
c. Broken Trees
5. Road Work and Underground Facility Installation or Repair
Appendix Tort Liability Law of the People's Republic of China
Index"
Sample Pages Preview
and in some case may be misleading (e.g. a breach of contract may also be deemed as civil vcrong), the Chinese scholars have tried to articulate a definition for torts. But given the complex aspects that a civil wrong may implicate, there is hardly any definition that seems appealing or prevailing At least in two respects, Chinese scholars and legislators have failed to reach any consent, and the debates continue. 
First is the question of whether there should be a difference between rights and interests. As noted in the previous chapter,there has been disagreement as to whether the law of torts should cover both rights and interests or rights only. Some assert that rights are created by law, and thus any infringement of rights shall be held liable; while interests are not necessarily legally provided and therefore harm to interests may not fall within torts. 11 Others disagree, arguing that interests are actually the substance of rights because without a protectable interest there would be noprotect able right. They argue further that even if rights and interests are not the same the difference between them is often too obscure to tell. 
Second is the question of unlawfulness, or the legal nature of tortious conduct. The question actually is whether unlawfulness"should be an element of a tort.
Introduction to Chinese Torts Law
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