Wang Zejian's Collected Works of Law · Volume 14, Tort Law

Author: Wang Xuejian
Publisher:
Publishing Date: 2003-09-01
Features: Preface to the Complete Collection The China University of Political Science and Law compiled and edited my work in an anthology format for easy use, reference, and preservation. I sincerely express my gratitude to all colleagues at the publisher for their assistance and hard work. The first eight volumes of this anthology, "Studies on Civil Law Doctrine and Case Law," were completed between 1975 and 1992, reflecting my teaching and research experiences at the Department of Law, National Taiwan University. This period was a critical phase in the development of Taiwan's civil law. Using legal methods, I analyzed and examined the reasoning behind important judgments, uncovering and interpreting the legal principles embedded in specific cases, and constructing a theoretical framework. To some extent, these eight volumes reflect the challenges civil law faced in adapting to socioeconomic changes, how laws were interpreted and applied, how loopholes were filled, and how new institutions were created. They record the history of civil law's theoretical development. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil law claims, with practical significance in legal methodology. The approach to the basis of claims has been widely adopted by the legal community and practitioners, helping to study civil law in a more systematic and step-by-step manner, enhancing the rigor, transparency, and objectivity of argumentation and legal interpretation. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for civil law learners, as well as an introductory guide and comprehensive review. This book concisely explains the value and philosophy of civil law, introduces important civil law systems, and provides statistical data to help readers understand the relationship between civil law and daily life, as well as to cultivate legal thinking and argumentation skills. "General Principles of Civil Law," "General Principles of Obligations," and "Civil Property Law" discuss the content of civil law, explain controversies in its interpretation and application, and explore its development trends. The "General Principles of Obligations" is a specialized work, particularly "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, serving both as a textbook and a casebook—a new attempt in writing methodology. The "Tort Law" book still needs to be supplemented regarding special torts. "Damages" is a core issue in civil law and is currently being actively compiled. My greatest wish is to write a book on Taiwan's civil law and social changes, and I hope to complete it soon. Despite differences in content and style, the anthology shares a commitment to combining theory and practice, adopting the claim-based thinking method, highlighting issues and disputes through case studies, using comparative law to explore various normative models as references for interpretation and application. Years of research in civil law have deepened my understanding that civil law is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for civil law is a fight for human freedom, equality, value, and dignity. Thirty years of writing have been a long and arduous journey. I sincerely appreciate the encouragement and support of my teachers, colleagues, classmates, and readers. I especially want to thank my family's love and tolerance, especially the blessings and grace of God, which have allowed me to continue learning and working in peace and joy. June 2, 2003, 65th Birthday Preface, Taipei The "Tort Law" book is planned to be published in three volumes, to be released successively. The first volume will explain the basic theories of tort law, analyzing and discussing the general provisions of tort law in Civil Code Article 84, the basic concepts, system construction, and thinking methods of tort law. The discussion on fairness and economic efficiency in tort law, as well as how the German concept of "Verkehrspflicht" is incorporated into Taiwan's tort law system, will be supplemented in the second edition. The second volume will focus on special torts, analyzing and examining important types such as joint torts, employer liability, labor accidents, car accidents, environmental pollution, product liability, and service liability, and exploring the shift from negligence liability to risk liability. The third volume aims to study how to establish a fair and efficient system for personal injury compensation and reimbursement in tort law, no-fault compensation, and social security systems. I hope this book will contribute to the research methods and development of civil law in Taiwan. This book was first published in early September 1998. On the occasion of its fourth printing, additional provisions related to the revision of the civil law obligations section, passed on April 2, 1999, and to be implemented on May 5, 2000, have been supplemented, along with the inclusion of judgments and academic papers from the "Supreme Court." Since its publication, this book has quickly become outdated. A comprehensive revision will be made in the future. I once again express my respect for the readers' encouragement.