China S Tort Law
A brief introduction of People’s Republic of China’s Tort Law
Student Name: QIAN,Xin
Group: MLM09-01 Student Number:0892439
Table of Contents
Background
The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29, 2009, came into effect since July 1, 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response to the growing number of social issues in China, such as the ‘Sanlu’ milk-powder scandal, Toyota recalls and cases of contaminated toys, the Tort Law has been given birth.
As important parts of the Civil Code, the Contract Law(1999) and the Real Right Law(2007) have been come in to force for years. With the various public issues that infringed civil benefit nowadays, the Tort Law was made as supplement.
The purpose to set the Tort Law is to fully guarantee the lawful rights and interests including personal rights and property rights of civil subjects, and to further perfect the basic rules of market economy. Development of the market economy needs to confirm the property right, so it is urgent to have a tort law to provide more protection for property rights. The basic connotation of the rule of law should be limitation of public rights and security of private rights.
Structure of The Tort Law
With 92 articles,this Tort Law sets the general principles in tort cases. Article 5 states that ‘Where any other law provides otherwise for any tort liability in particular, such special provisions shall prevail.’ It is expected that the Supreme People's Court will provide further instructions and interpretations as issues regarding the Law's implementation arise. The Tort Law has divided into two parts: One is the ‘general principles’ of tort, the other is the ‘specific types’ of torts of 7 sorts.
General principles
This section describes the general applications of
Student Name: QIAN,Xin
Group: MLM09-01 Student Number:0892439
Table of Contents
Background
The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29, 2009, came into effect since July 1, 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response to the growing number of social issues in China, such as the ‘Sanlu’ milk-powder scandal, Toyota recalls and cases of contaminated toys, the Tort Law has been given birth.
As important parts of the Civil Code, the Contract Law(1999) and the Real Right Law(2007) have been come in to force for years. With the various public issues that infringed civil benefit nowadays, the Tort Law was made as supplement.
The purpose to set the Tort Law is to fully guarantee the lawful rights and interests including personal rights and property rights of civil subjects, and to further perfect the basic rules of market economy. Development of the market economy needs to confirm the property right, so it is urgent to have a tort law to provide more protection for property rights. The basic connotation of the rule of law should be limitation of public rights and security of private rights.
Structure of The Tort Law
With 92 articles,this Tort Law sets the general principles in tort cases. Article 5 states that ‘Where any other law provides otherwise for any tort liability in particular, such special provisions shall prevail.’ It is expected that the Supreme People's Court will provide further instructions and interpretations as issues regarding the Law's implementation arise. The Tort Law has divided into two parts: One is the ‘general principles’ of tort, the other is the ‘specific types’ of torts of 7 sorts.
General principles
This section describes the general applications of