By Xiang Li, Jigang Jin (auth.)
The explosive fiscal improvement in China during the last 3 many years has created social demanding situations unheard of within the country's background. In reaction, China has overhauled its current tort legislation or even created new tort legislation. through exploring its ideas, theories and background, this publication presents foreign readers a clean outlook on China's tort legislation procedure. Granted that a few ideas or theories in China's glossy tort legislation have been "borrowed" from the west, the rules at the back of them can however usually locate their roots in historic chinese language philosophies, thoughts or perhaps legislation. This booklet additionally makes use of genuine instances to provide an explanation for the courts' software of China's tort legislation and the which means of the corresponding statutes.
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Extra info for Concise Chinese Tort Laws
As can be seen, the biggest difference between presumed fault liability and fault liability lies on the issue of how the subjective fault element is established. With respect to presumed fault liability, courts do not require a victim to bear the burden to prove the fault element. Rather, courts directly presume subjective fault on a perpetrator’s side from the very existence of any damage or injury and its causation relationship with any illegal act. If the defendant maintains his allegation that he is innocent, he should offer evidence to prove so.
As such, these officials can correctly handle the litigation and issue a judgment in compliance with the law. It is also helpful for the parties in the case to be clear on what imputation principle of tort liability applies here so that they can collect the right evidence, properly exercise their rights and obligations, and raise appropriate requests. The System of Tort Liability What kind of imputation principles of tort liability a country should choose eventually depends on the social functionality its Tort Law system is expected to achieve, and that is mostly determined by the country’s social and economic development status.
But, provisions in debt law that are applicable to tort liabilities and sections in the “General Principles of Civil Law” that are corresponding to the general provisions of civil law should still be applicable. For example, Paragraph 3, Article 18, of the “General Principles of Civil Law”—if a guardian does not fulfill his duties as guardian or infringes upon the lawful rights and interests of his ward, he shall be held responsible; if a guardian causes any property loss for his ward, he shall compensate for such loss—should still be applicable.
Concise Chinese Tort Laws by Xiang Li, Jigang Jin (auth.)