Legislation of tort liability law in China / Xinbao Zhang.
2018
KNQ839 .Z4813 2018 (Mapit)
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Details
Author
Uniform Title
Qin quan ze ren fa li fa yan jiu . English
侵权责任法立法研究. English
侵权责任法立法研究. English
Title
Legislation of tort liability law in China / Xinbao Zhang.
Imprint
Singapore : Springer, [2018]
Description
xxvi, 538 pages ; 25 cm
Formatted Contents Note
Prolegomenon
The suggestions of amending the second draft of tort liability law for examination and approval
The several suggestions on enacting the tort liability law
On several technical problems concerning enactment of civil code
The general provision of the tort liability law
The legislation pattern of tort law : general provisions + comprehensive enumeration
On the legislative system of the tort liability law
On the degree of codification of the tort liability law
On the causative potency theory in tort law
Nine treatises on the liability for joint tort
Operators' duty of safety protection on business premises
On burden of proof in medical negligence
The relation between the right to claim for compensation from work-related injury insurance and the right to claim compensation for personal injury
The relation between right to request tort liability and right to request property rights
The relation between right to claim for tort and right to claim for restitution of unjust enrichment
On the compensation for death caused by torts
On the compensation for mental damage due to death by infringement
Pure economic loss and its compensation rules
On legislative of punitive damages
Assumption of compensation liability by the motor vehicle : on the compensation obligor in road traffic accidents
On negative theory of "news (or media) infringements"
Inappropriateness of the stipulation of specific tort liability in administrative regulations.
The suggestions of amending the second draft of tort liability law for examination and approval
The several suggestions on enacting the tort liability law
On several technical problems concerning enactment of civil code
The general provision of the tort liability law
The legislation pattern of tort law : general provisions + comprehensive enumeration
On the legislative system of the tort liability law
On the degree of codification of the tort liability law
On the causative potency theory in tort law
Nine treatises on the liability for joint tort
Operators' duty of safety protection on business premises
On burden of proof in medical negligence
The relation between the right to claim for compensation from work-related injury insurance and the right to claim compensation for personal injury
The relation between right to request tort liability and right to request property rights
The relation between right to claim for tort and right to claim for restitution of unjust enrichment
On the compensation for death caused by torts
On the compensation for mental damage due to death by infringement
Pure economic loss and its compensation rules
On legislative of punitive damages
Assumption of compensation liability by the motor vehicle : on the compensation obligor in road traffic accidents
On negative theory of "news (or media) infringements"
Inappropriateness of the stipulation of specific tort liability in administrative regulations.
Summary
"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."-- Back cover.
Note
"Translation from the Chinese language edition: Qin quan ze ren fa li fa yan jiu ... China Renmin University Press, 2009"--Title page verso.
"Translation from the Chinese language edition: 侵权责任法立法研究 ... China Renmin University Press, 2009"--Title page verso.
"Translation from the Chinese language edition: 侵权责任法立法研究 ... China Renmin University Press, 2009"--Title page verso.
Language Note
Translated to English from Chinese.
Bibliography, etc. Note
Includes bibliographical references.
Location
STA
Call Number
KNQ839 .Z4813 2018
Language
English
ISBN
9789811069604 alkaline paper
9811069603 alkaline paper
9811069603 alkaline paper
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