9789811069604 alkaline paper 9811069603 alkaline paper
"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.
"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.
Bibliography, etc. Note
Includes bibliographical references.
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.
KNQ839 .Z4813 2018
880-01, Qin quan ze ren fa li fa yan jiu ., English