Research on Tort Law. Volume 1

Author: Wang Liming
Publisher:
Publish Date: 2004-07-01
Features: This book closely combines the legislation, theory, and judicial practice experience of tort law in China. Based on learning from advanced legislative experiences and theoretical achievements of tort law in other countries, it conducts a comprehensive, in-depth, and detailed study of the system, structure, basic principles, and specific institutions and rules of future tort law legislation. The author of the book believes that China's future tort law should be appropriately separated from the law of obligations and become an independent part in the Civil Code. The liability principle of China's tort law should adopt a pluralistic liability system, including the principle of negligence liability, the principle of strict liability, and the principle of fair liability. The constitutive elements of general torts should adopt the three-element theory, namely damage, negligence, and causation, and illegality should not be considered an independent constitutive element. The essential feature of joint torts lies in the joint negligence of the actors. At the same time, the author explores issues such as the development trends of tort law, the theory of causation, and the theory of negligence in relatively depth.