Chinese Tort Liability Law

English Translation with a Brief Introduction


Research Paper (postgraduate), 2011
83 Pages

Excerpt

TABLE OF CONTENTS

Foreword

Abbreviations

INTRODUCTION

I. The Emergence of Chinese Tort Law
A. Historical Development
B. Structure of the New Tort Liability Law

II. General Principles of Tort Law
A. Necessary Elements
1. Rights and Interests
2. Fault
B. Remedies
C. Principles of Attribution
1. Joint Liability
2. Liability of business entities
D. Procedural Rules and Limitation of Action

III. Categories of Tort Liability
A. Liability for Economic Damages
B. Liability for Physical Injury
C. Liability for the Violation of Personal Rights
D. Product Liability and Consumer Protection
1. Product Liability
3. Internet Service Provider Liability
4. Liability of Public Institutions
E. Motor Vehicle Accident Liability
F. Liability for Medical Malpractice
G. Environment Pollution Liability and Ultra Hazardous Activity
1. Environmental Pollution Liability
2. Liability for Ultra Hazardous Activity
H. Liability for Damages Caused by Animals and Objects
1. Liability for Damages Caused by Animals
2. Liability for Damages Caused by Objects

References

TRANSLATION

Zhonghuá Rénmín Gònghéguó QInquán Zérèn Fá

Tort Law of the People’s Republic of China

Ш-Ж -ШШШ

Di y! zhäng YTbän guiding

Chapter I. General Provisions

Ш—Ш-

Dì ér zhäng Zérèn gòuchéng hé zérèn fängshi

Chapter II. Basis of Tort Liability and Forms of Tort Liability

Dì sän zhäng Bù chéngdän zérèn hé jiänqlng zérèn de qingxing

Chapter III. Defenses and Mitigating Circumstances

rnrnrn

Dì sì zhäng Guänyú zérèn zhùtî de tèshu guiding... Chapter IV. Special Provisions as to the Tortfeasor

Dì wú zhäng Chánpín zérèn

Chapter V. Product Liability

ШЛЖ

Dì liù zhäng Jldòngché jiäotöng shìgù zérèn.. Chapter VI. Motor Vehicle Accident Liability.

Ш'ЬЖ

Dì q! zhäng YTliáo sùnhài zérèn

Chapter VII. Liability for Medical Malpractice.

ШДШ Я'ШъШШ#

Dì bä zhäng Huänjing wurän zérèn

Chapter VIII. Environment Pollution Liability

Dì jiú zhäng Gäodú wéixiän zérèn

Chapter IX Liability for Ultrahazardous Activity

Ш+Ш

Dì shí zhäng Siyäng dòngwù sùnhài zérèn

Chapter X. Liability for Damages Caused by Animals

Dì shíyl zhang Wùjiàn sùnhài zérèn

Chapter XI. Liability for Damages Caused by Objects

ЙШ

Dì shi'èr zhäng Fùzé

Chapter XII. Supplementary Provisions

Foreword

When trying to study Chinese law, an obvious starting point is the written law. While it is possible to come by English translations, some of those are not up to date, or are simply not intelligible. Even for readers boasting some proficiency in Chinese, dealing with the original text may be a painstaking experience. This translation is aimed at making things a little easier. Therefore, the language is kept simple, possibly at the price of a somewhat diminished precision. To make up for those deficiencies, pinyin transcription is provided, so the reader can easily look up the exact terms by himself and may chose what meaning he deems most suitable.

This booklet would not have been possible without the support of my friends and former fellow students at Beijing Tsinghua University, Ludwig Hetzel (Vienna) and Christian Bening (Beijing). All faults, of course, remain mine.

Maja Blumer

Stäfa (Switzerland), April 2011

Abbreviations

illustration not visible in this excerpt

INTRODUCTION

I. The Emergence of Chinese Tort Law

A. Historical Development

Tort liability law in dynastic China cannot be clearly distinguished from penal and public law. However, certain institutions of tort liability law, like the principles of full compensation or double compensation were already in place in traditional Chinese law.[1]

In 1911, a first draft for a Chinese tort liability law was made; however, it never came into force. It was mainly based on provisions on tort in the relatively new Japanese Civil Law[2] which in turn was strongly influenced by the German BGB. Due to the fall of the Qing dynasty, the planned law reform was not carried out.[3] In 1925 a second attempt was made. Due to the instability in China, the tort provisions in Civil Law gained no significance in the years up to 1949.[4] From 1949 to 1979, western values as embodied in tort law were generally rejected and thus there were no more attempts to implement a tort law.[5] Finally, some provisions on torts were included in the General Principles of Civil Law (Art. 106, 117 et seq. GPCL) that came into force in 1987. The GPCL thus provided the basic principles for the protection of property and personal rights. Tort law provisions are also to be found in a number of laws and regulations like the Product Quality Law (1993, revised 2000)[6], the Product Safety Law (2002)[7], the Consumer Protection Law (1994), the Road Traffic Safety Law (2003, revised in 2008)[8], the Medical Malpractice Regulation (2002)[9], the SPC Interpretation on Compensation for Emotional Damages in Civil Torts (2001)[10], the SPC Interpretation on Personal Injury Compensation (2003)[11], the Food Safety Law (2009), etc.

Finally, in 2010 a comprehensive Tort Liability Law (TLL) came into force. A first draft for the tort liability law was issued in 2002. This first draft was mainly based on the blueprint of the German BGB. However, the draft was strongly criticized.[12] This is unsurprising, as the German BGB is heavily criticized in turn. German scholars consider the German BGB as outdated, because it stresses the personal liability, while problems like technical risks, companies often causing damages, the role of insurances etc. have not been addressed.[13] It is also criticized that the approach of the BGB is to enumerate the various causes of tort liability, while it may be necessary in practice to make judgements based on equity.[14] It seems, that the second draft of the TLL issued in 2008, which led up to the third and final draft that has been passed into law in 2009, has taken up this critique and has stricken a reasonably good balance between being too enumerative and too general, taking into account problems of modern life. The rules on torts stipulated in the GPCL still remain in force, and may at times still be needed.

Some suspect, that the TLL might simply remain “law on the books” and never be put into practice. However, this is rather unlikely. On one hand, Chinese citizens have lately shown an increased willingness to make use of the tort laws and go to court when injured.[15] This is possible due to an increased awareness of personal rights which comes along with a higher economic status.[16] The tendency may also be attributed to the intense media coverage of court trials in China and the dramatic increase of lawyers available.[17]

Generally, the Chinese government seems to be encouraging these trends, even though some setbacks could be observed, like the suppression of civil claims in the tainted milk scandal. Given that tort law fulfils an important function in modern society, i.e. to set the right incentives, to deter wrongful conduct, and to minimize injuries, health care costs, lost labour time, and damage to public and private
property, including ecological damage, it is in the best interest of the Chinese government to allow for tort litigation. An increased protection, i.e. regarding workers, consumers, and the environment clearly falls within the scope of the goal of a harmonious society and may help to bridge the gap between rich and poor.[18]

B. Structure of the New Tort Liability Law

The TLL is divided into a general part (Chapters I. - IV. TLL), where the methods of bearing and attributing liability are stipulated, and a special part (Chapters V. - XI.) regulating seven different kinds of liability in a more detailed way. The special part addresses some of the most pressing issues in Chinese society, by encompassing product liability, motor vehicle accident liability, liability for medical malpractice, environment pollution liability, liability for ultra hazardous activity, liability for damages by animals and liability for damages caused by objects.

A clear hint as to the functions of the TLL is given in Art. 1 TLL. On the one hand, the lawful rights and interests of individuals are to be protected, to achieve this, the TLL is to clarify the liability in case of infringements upon rights and interests. On a more general level, the TLL should have a deterring function to prevent torts from being committed in the first place, and it should promote a harmonious society and social stability. Even though Art. 1 TLL is of mere programmatic character, it should not merely be stamped as a boiler plate clause. Rather, the principles of Art. 1 TLL are put into action in various provisions which are to be discussed latter.

Even though the TLL covers a broad range of torts, it is not exhaustive and is not meant to be. Art. 5 TLL stipulates that if another law contains special provisions as to tort responsibility, those special provisions shall prevail.

Surprisingly, the rules contained in the TLL vest a large discretion in courts. This seems somewhat incongruous with a legal system, where judicial interpretation is frowned upon. On the other hand, lawmakers in China have come to the conclusion, that it is near impossible to foresee all kinds of torts and their consequences, and thus are aware of the necessity of judicial discretion.[19]

Compared with the German blueprint, the TLL seems very modern. For instance, there is a special focus on recent issues like the responsibility of the internet service provider, medical malpractice, product liability, environmental damages, and the like. The TLL seems quite comprehensive and does not only cover damages but also lists specific performance remedies like orders to halt acts of infringement, remove unlawful obstacles, eliminate dangers, restore property to its original condition, or apologize. The TLL is also remarkable insofar it allows for the compensation for mental distress, introduces punitive damages, and clarifies what factors may be included in the calculation of damages in the case of physical injury.

Despite being so comprehensive, curiously, still some themes have not been addressed by the TLL. While almost any kind of tort that may be suffered by an individual is included in the TLL, very little is said about business-related torts such as securities fraud, misrepresentation or unfair competition. Rather, the TLL seems to be weighted towards protecting injured persons’ individual interest over business interest. While the tort law does seem to encourage civil action, there are no hints as to the legal proceedings involved. The courts are given little to no guidance as to how damages are to be calculated, and which defences might be invoked by the tortfeasor

II. General Principles of Tort Law

A. Necessary Elements

The necessary elements of tort liability are an infringement upon civil rights or interests of another person, damage, causality between infringement and damage; and - usually - a fault.

1. Rights and Interests

The rights and interests that may entail tort liability, if infringed upon, are enumerated in Art. 2 TLL; the term is to be understood in a very broad sense and includes all kinds of personal and property rights. Rights and interests in the sense of the TLL include the right to life, the right to health, personal rights like reputation rights, honorary rights, the rights to one’s image, the right to privacy, the right to marital autonomy, the right to guardianship, ownership rights, usufruct, copyright, patent rights, exclusive rights to use trademarks, discovery rights, equity rights, and inheritance rights.

Although various forms of Intellectual Property (IP) having been listed in Art. 2 TLL, rules as to the liability for IP infringements are primarily to be found in the specific laws like Copyright Law, Trademark Law, Patent Law, and the like. Still, the general rules set forth in chapters I. through IV. of the TLL may also apply in IP- related tort liability.

2. Fault

As a rule, one who is at fault for infringement upon another person’s civil right is subject to tort liability (Art. 6 al. 1 TLL). According to the TLL, the burden of proof for the fault generally has to be borne by the victim, unless it is by law shifted to the (presumed) tortfeasor who may then prove that he is not at fault (Art. 6 al. 2 TLL). In some cases, the law provides for strict liability, so liability even has to be assumed even if there is no fault (Art. 7 TLL).

Generally, the tortfeasor is exempt from tort liability, if the harm is caused intentionally by the victim, if the harm is caused by a third party, by self-defence of the tortfeasor, or by an emergency hedge. The liability of the tortfeasor may be mitigated, if the victim is also at fault as to the occurrence of the harm (Art. 26 et seq. TLL).

One with full legal capacity who is temporarily not aware of his acts or loses control over his actions and causes damage has to bear "reasonable" compensation in accordance with his financial capacity, even if no fault can be attributed to him (Art. 33 al. 1 TLL). Such person even bears full tort liability, if the loss of control over his actions is due to his being drunk or abusing drugs (Art. 33 al. 2 TLL).

A particular concept of the Chinese Tort law is “equitable liability”. It was already contained in Art. 132 GPCL and allows a court to order a party to pay even though neither of the parties is found to be at fault or strictly liable. The possibility of “equitable liability” has been stipulated in Art. 24 TLL. According to this clause, the responsibility for damage shall be appointed to the parties according to the particular circumstances if no fault can be identified either on the side of the victim or the tortfeasor. It is also to be noted that the beneficiary of a rescuer's act must pay compensation to a rescuer, if the tortfeasor is unable to bear tort liability or has absconded (Art. 23 TLL).

B. Remedies

Remedies, or methods of assuming tort liability, are not limited to paying damages in the case of property losses. Besides damage payments for losses, Art. 15 TLL also lists specific performance remedies like stopping the infringement, removing impediments, removing the peril, returning the property, restoring something to the original condition, making a formal apology, as well as eliminating ill effects and rehabilitating a persons’ reputation. Said remedies may be applied singly or in combination.

As far as damage payments for property losses are concerned, the TLL only contains few hints as to the method of calculation. Art. 19 TLL merely stipulates that property damages are to be computed at the market value at the time of the occurrence of the loss or according to another method. What other method might be applied in the absence of a market value and what is to happen, if there are significant changes in the market value between the time at which the tortious act is committed and the time of damage computation remains an unanswered question. Considering that the German BGB, which has served as a blueprint for the Chinese TLL, has failed to give a clear definition of damage and that scholars in Germany have failed to come up with a comprehensive method of computing damage, the absence of clear rules in the TLL is not surprising. What is surprising is the fact that judges are given so much leeway in damage compensation in a legal system that scorns judicial interpretation.

The damages to be paid for infringements on personal rights may be calculated according to the loss suffered by the victim, based on the gain of the tortfeasor, or, if neither is feasible, the compensation is to be determined by the court according to the circumstances (Art. 20 TLL). If serious emotional damage is caused by the violation of a persons' personal rights, the tortfeasor also has compensate the victim for the emotional loss (Art. 22 TLL)

Art. 16 TLL describes damages to which a person is entitled who suffers bodily injuries. They include all reasonable cost incurred in obtaining treatment and recovering from injuries, i.e. medical care, nursing and transportation expenses, as well as lost income, assistance with the daily living, and a disabled persons’ allowance.

In the case of death, the near relatives (and possibly the work unit [danwei]) may claim funeral costs as well as a compensation for the death (Art. 18 TLL). Art. 17 TLL stipulates the principle “same lives, same payment” if several person are killed in the same accident. In other words rural and urban residents are now to be treated the same. Formerly, the SPC Interpretation on Compensation for Personal Injury (issued in 2003) stipulated that it was possible to differentiate between rural and urban residents. However, the method of calculation of the compensation remains unknown.

Generally, the damages must be paid in a lump sum, unless the parties agree on the mode of damage payment; however, if the payment puts the tortfeasor in financial straits, it may be made in instalments, but security has to be posted in that event (Art. 25 TLL).

Damage payments may be reduced, if the victim is also at fault for the occurrence of the damage (Art. 26 TLL); no damage compensation is due, if the victim has intentionally caused the damage (Art. 27 TLL) or if the tortfeasor has acted in proper self defence or has caused the damage by avoiding danger (Art. 30 and 31 TLL). Generally, damage payments are also excluded in the case of an act of God (force majeure), unless otherwise stipulated by the law (Art. 29 TLL).

Tort liability does not exclude civil or criminal sanctions; however, if the property of the tortfeasor is insufficient to cover the administrative as well as the criminal and civil sanctions caused by the same act, claims based on civil tort liability are to be covered in the first place (Art. 4 TLL).

C. Principles of Attribution

1. Joint Liability

Generally, if several persons are at fault for causing damage, they usually bear joint liability (Art. 8 TLL). The same goes for persons instigating or assisting in a tortious act (Art. 9 al. 1 TLL). Joint liability also occurs, if it cannot be determined which tortfeasor has specifically caused damage (Art. 10 and 12 TLL), or if separate conducts cause a single harm that could have been caused by an individual conduct in its own right (Art. 11 TLL). If the law stipulates that the tortfeasors bear joint tort liability, the victim is entitled to require one or all of the tortfeasors to cover the damages (Art. 13 TLL). The distribution of the damage to be paid by the persons being jointly responsible is determined to the degree of responsibility of each; if the degree of responsibility cannot be determined, each of the tortfeasors must cover an equal amount of the damages (Art. 14 al. 1 TLL). If a tortfeasor has been held liable for more than his part of the damages, he may require the other tortfeasors bearing joint liability to cover those expenses (Art. 14 al. 2 TLL).

A guardian that neglects his duties may also be held liable, if a person without or with limited legal capacity causes damage (Art. 9 al. 2 and 32 TLL).

2. Liability of business entities

The liability of business entities is also covered by the TLL. For instance, the work unit (danwei) is responsible for damage caused by its employees. A special clause has been created for tort liability regarding the internet. According to Art. 36 TLL, internet service providers may be held liable. Public institutions like hotels, banks and educational institutions also may be held liable (Art. 37 et seq. TLL)

D. Procedural Rules and Limitation of Action

As usual in civil law tradition, the tort law does not contain procedural rules, excepting rules bearing on tort-specific questions like joint liability, burden of proof, etc. Thus, for all other matters, reference is to be made on the rules of civil procedure.

In the case of criminal procedures linked to the tort, according to Art. 77 and 78 Criminal Procedure Law, the victim that has suffered material losses as a result of the defendant’s criminal act may file an incidental civil action during the course of the criminal proceeding.

What actually is completely missing, are rules stipulating a limitation of action, common to many other tort laws.[20] In that regard, referral has to be made to the GPCL (Art. 135 et seq. GPCL).

III. Categories of Tort Liability

A. Liability for Economic Damages

While the TLL is very specific where physical damages are concerned, it remains very vague as far as property damages are to be compensated. Art. 19 TLL merely states, that property damages are to be computed at the market value at the time of the occurrence of the damage or according to another method. This clause will provide little guidance where there is no market value to the damage economic good or where it is not even clear at which point of time the damage occurred. This occurs quite frequently in business related crime like securities fraud. In that regard, courts are given considerable leeway to come up with new method of calculating damages.

B. Liability for Physical Injury

Art. 16 TLL specifically lists in what damages must be compensated by the tortfeasor. He must pay reasonable compensation for medical treatment expenses, nursing expenses, transportation costs, and pay compensation for lost income. If the victim is disabled due to the physical injury, the tortfeasor must also bear the cost of auxiliary devices. If the victim is killed, funeral expenses and compensation for death (to the relatives or the work unit, see Art. 18 TLL) is to be paid.

C. Liability for the Violation of Personal Rights

The tort liability law only contains few references as to personal rights. Personal rights and interests are included in the list in Art. 2 TLL. The remedies listed in Art. 15 TLL also apply to infringements on personal rights. Rules as to payment for actual damages are contained in Art. 20 TLL, while emotional damages are covered by Art. 22 TLL. However, compensation for emotional damages may only be awarded if the serious damage has occurred. The TLL doesn’t give any specifics as to what is to be understood by serious emotional damages, nor does it state precise guidelines for calculating monetary compensation for emotional damages. Hence, the courts enjoy a considerable amount of discretion when deciding on monetary compensation in case of an infringement on personal rights. Another clause of interest is Art. 7 of the "Interpretation of the Supreme People’s Court on Problems regarding the Ascertainment of Compensation Liability for Emotional Damages in Civil Torts”, which came into force as of March 10, 2001, according to which relatives of a deceased whose right of reputation has been infringed upon have the right to sue for emotional damages as well.

D. Product Liability and Consumer Protection

1. Product Liability

Manufacturers are liable for damages caused by defects of their products, and sellers are liable for damages attributable to their actions (Art. 41 and 42 TLL). If the defects involved are the responsibility of third parties, such as a shipper or a retailer, manufacturers and/or sellers are entitled to seek compensation from such third parties after paying the compensation (Art. 44 TLL).

Where a product is found to be defective after it has been put into circulation, the manufacturers and the seller must give timely warnings, recall the product or take other appropriate remedial measures (Art. 45 and 46 TLL). If any damage results from a delay in, or in the ineffectiveness of, such remedial measures, the manufacturers and sellers may be held liable (Art. 46 TLL).

Punitive damages may be awarded where products are manufactured or sold with the seller being aware of the defects in the product (Art. 47 TLL). The TLL provides no guidance as to the amount of punitive compensation. Thus, the courts again enjoy large discretion at determining the damage.

2. Internet Service Provider Liability

Art. 36 TLL creates obligations for internet service providers, thus providing additional protection to individuals. In the event the internet service provider infringes upon an individual’s civil rights and interests through the internet, it bears tort liability. If the infringement is caused by the tortious conduct of an internet user, the injured party may inform the internet service provider of such conduct and may demand that the internet service provider takes the necessary steps, such as deleting content, screening content, or denying service to the offending individual. Where an internet service provider fails to take the appropriate steps after having been informed, it shall be jointly and severally liable with the offending individual for additional damage.

3. Liability of Public Institutions

Public institutions like hotels, markets, banks, train stations as well as educational institutions bear tort liability if they fail to provide for adequate safety measures (Art. 37 et seq. TLL). In practice, cases of institutions being held liable were quite frequent even before the TLL entered into force.

E. Motor Vehicle Accident Liability

Art. 48 TLL refers to the Law on Road Traffic Safety. Additionally, Art. 49 et seq. TLL contain rules as to the who has to bear liability under special circumstances, i.e. if owner and operator of the motor vehicle are not identical (Art. 49 TLL), if the vehicle is sold (Art. 50 and 51 TLL), or if there are particular problems as to the insurance (Art. 50 et seq. TLL).

F. Liability for Medical Malpractice

Generally, medical institutions may be held liable, if the institution and/or any of its medical professionals are at fault and damage is caused to a patient during medical treatment (Art. 54 TLL). The medical institution is presumed to be at fault for a damage to a patient, if laws and regulations have been violated, or if medical records have been tampered with or are withheld (Art. 58 TLL).

The TLL also defines the obligations of the medical institutions and its professionals. For instance, the patient must be informed on his condition, on the treatment measures, on the risk of the treatment, as to the available alternative treatments (Art. 55 TLL). Diagnosis and treatment must proceed according to current medical standards (Art. 57 and 59 TLL). The medical institution must keep and preserve hospital and admission records, doctor’s instruction sheets, laboratory test reports, surgical and anaesthesia records, pathology data, nursing care records, medical cost records, and other medical records (Art. 61 TLL). The privacy and confidentiality of patients must be maintained and no unnecessary exams or other procedures in violation of medical standards may be carried out (Art. 62 and 63 TLL).

G. Environment Pollution Liability and Ultra Hazardous Activity

1. Environmental Pollution Liability

Art. 65 TLL contains the principle of strict liability of the polluter, if damage is caused by environmental pollution. To challenge liability or for mitigating liability, the polluter must prove that there is no, or only a weak, causal relationship between his conduct and the pollution that caused the damage (Art. 66 TLL).

Where two or more polluters have caused pollution, the proportion of damages for which each party is liable is to be determined according to the type of pollution, the volume of emissions, and other factors (Art. 67 TLL). Where the damage is attributable to a third party, the victim may recover damages either from the polluter or the third party; after having paid compensation to the victim, the polluter may seek compensation from the third party (Art. 68 TLL).

2. Liability for Ultra Hazardous Activity

Generally, one who injures another by engaging in a highly dangerous activity, i.e. by operating nuclear facilities (Art. 70 TLL), operating aircraft (Art. 71 TLL), using highly combustible or poisonous materials (Art. 72 TLL), etc., he usually bears strict tort liability in accordance with Art. 69 et seq. TLL.

H. Liability for Damages Caused by Animals and Objects

1. Liability for Damages Caused by Animals

Generally, for damages caused by animals, the keeper of the animal or the person in charge of the animal bears strict tort liability (Art. 78 et seq. TLL). Art. 84 TLL generally stipulates that one who is raising animals must abide by the legal statutes and the principles of social ethics and may not impair other people's lives.

2. Liability for Damages Caused by Objects

Reports of buildings - dubbed as tofu-buildings - and other constructions collapsing due to the neglect of safety rules in the haste of construction have again and again caused a general uproar, especially when school buildings collapsed in the Sichuan earthquake.[21]

The owner, administrator or user bears tort liability for damages caused by buildings or similar structures, unless they can prove to be without fault (Art. 85 TLL). Those responsible for the construction of the building have to bear strict tort liability for damages caused by the collapse of buildings and similar structures (Art. 86 TLL).

A particularly Chinese rule is contained in Art. 87 TLL: If objects are thrown from, or fall off, a building, the users of the building who potentially could have been wrongdoers bear joint tort liability. This provision is quite necessary, as it is quite common for garbage being thrown out of windows in China, without regard as to who might be underneath.[22]

References

Brüggemeier, Gert/ Yan, Zhu: Entwurf für ein chinesisches Haftungsgesetz, Tübingen 2009

Conk, George W./Wang, Zhu: Tort Liability Law of People's Republic of China, 2d official discussion draft December 21,2008 (http://ssrn.com/abstract=1501302)

Green, Andrew J.: Tort Reform with Chinese Characteristics: Towards a "Harmonious Society" in the People's Republic of China, San Diego International Law Journal, p. 121 et seq.

Liu, Xiaoxiao/PISSLER, Knut Benjamin: Gesetz der Volksrepublik China über die Haftung für die Verletzung von Rechten, ZChinR 2010, p, 41 et seq.

Münzel, Frank: Gesetz über die Haftung für Verletzungen von Rechten (http://www.chinas- recht.de/inhalt.htm)

Werthwein, Simon: Das Persönlichkeitsrecht im Privatrecht der VR China, Diss. Passau 2009, Berlin 2009

TRANSLATION

Zhônghuá Rénmín Gònghéguó QJnquán Zérèn Fa
Tort Law of the People’s Republic of China

Ж^В^: 2009-12-26

Fabù rìql: 2009-12-26 Adopted on December 26, 2009

2010-07-01

Shëngxiào rìql: 2010-07-01 Effective as of July 1, 2010

Fabù bùmén:Quànguó Rén-Dà Chàngwèihuì

Promulgated by the Standing Committee of the National People’s Congress

Lèibié:Minfà Area of law: Civil Law

Zhonghuá Rénmín Gònghéguó Qïnquân Zérèn Fa
Tort Law of the People’s Republic of China

2009¥ 12ñ 26

2009 nián 12 yuè 26 ri dì shiyljiè Quánguó Rénmín Dàibiào Dàhuì Chàngwù
Wéiyuànhuì dì shi’èr cì huìyì tongguò

Adopted by the Standing Committee of the 11th National People’s Congress at its

12nd meeting on December 26, 2009

Mùlù

Table of Contents

ш-ж -ШШШ

Di y! zhäng YTbän guiding

Chapter I. General Provisions

Ш—Ш

Dì ér zhäng Zérèn gòuchéng hé zérèn fangshì

Chapter II. Basis of Tort Liability and Forms of Tort Liability

Dì sän zhäng Bù chéngdän zérèn hé jiänqlng zérèn de qingxing

Chapter III. Defenses and Mitigating Circumstances

rnrnrn

Dì sì zhäng Guänyú zérèn zhùtî de tèshu guiding... Chapter IV. Special Provisions as to the Tortfeasor

Dì wú zhäng Chánpín zérèn

Chapter V. Product Liability

ШЛЖ

Dì liù zhäng Jldòngché jiäotöng shìgù zérèn.. Chapter VI. Motor Vehicle Accident Liability..

Ш'ЬЖ

Dì q! zhäng YTliáo sùnhài zérèn

Chapter VII. Liability for Medical Malpractice..

ШДШ Я'ШъШШ#

Dì bä zhäng Huänjing wurän zérèn

Chapter VIII. Environment Pollution Liability

Dì jiú zhäng Gäodú wéixiän zérèn

Chapter IX Liability for Ultrahazardous Activity

Ш+Ш

Dì shí zhäng Siyäng dòngwù sùnhài zérèn

Chapter X. Liability for Damages Caused by Animals

Dì shíyľ zhang Wùjiàn sùnhài zérèn 78

Chapter XI. Liability for Damages Caused by Objects 78

ЙШ 83

Dì shi'èr zhäng Fùzé 83

Chapter XII. Supplementary Provisions 83

[...]


[1] Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 20.

[2] Art. 709-724 Japanese Civil Law (English translation available at www.japaneselawtrans

[3] lation.go.jp). Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 20 et seq.

[4] Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 21; Werthwein, Persönlichkeitsrecht, p. 4.

[5] Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 21.

[6] In detail see Green, Tort Reform, p. 131.

[7] In detail see Green, Tort Reform, p. 131 et seq.

[8] In detail see Green, Tort Reform, p. 132.

[9] In detail see Green, Tort Reform, p. 134 et seq.

[10] In detail see Green, Tort Reform, p. 136 et seq.

[11] In detail see Green, Tort Reform, p. 137 et seq.

[12] Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 23.

[13] Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 23 et seq.

[14] Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 24 et seq.

[15] Green, Tort Reform, p. 123 and 146 et seq.

[16] Green, Tort Reform, p. 146.

[17] Green, Tort Reform, p. 146 et seq.

[18] Green, Tort Reform, p. 149 et seq.

[19] Compare Brüggemeier/Yan, Entwurf für ein chinesisches Haftungsgesetz, p. 26.

[20] See i.e. Art. 724 Japanese Civil Law (English translation available at www.japaneselaw translation.go.jp).

[21] Green, Tort Reform, p. 122.

[22] The same problem was known in Roman law, see Hanspeter Walter/Christoph Hurni, Haftung aus Systemvertrauen, Von der actio de deiectis vel effusis zur einfachen Kausalhaftung, in: Pichonnaz/Vogt/Wolf, Spuren des römischen Rechts, Festschrift für Bruno Huwiler, Bern 2007, p. 675 et seq.

Excerpt out of 83 pages

Details

Title
Chinese Tort Liability Law
Subtitle
English Translation with a Brief Introduction
Author
Year
2011
Pages
83
Catalog Number
V170013
ISBN (eBook)
9783640886388
ISBN (Book)
9783640886432
File size
654 KB
Language
English
Tags
Chinese;, Tort Liability Law;
Quote paper
Dr. iur., LL.M. Blumer Maja (Author), 2011, Chinese Tort Liability Law , Munich, GRIN Verlag, https://www.grin.com/document/170013

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