Research on the Status of Tort Law

Author: Ma Changhua
Publisher:
Publish Date: 2004-01-01
Features: Whether tort law should be independent and what it should be independent into is a major theoretical issue that China faces in the process of drafting the Civil Code. It is also a theoretical prerequisite that tort law urgently needs to resolve. In essence, it boils down to how to view the status of tort law in the civil legal system. The history of legal development tells us that early human laws were expressed in the form of legal liability, and this form of legal liability is actually tort law. The independence of tort law refers to its independence from the law of obligations. After independence, tort law becomes the law of civil liability, and its internal structure is built on the correspondence between acts and liabilities. Acts are the logical starting point, and liabilities are the logical destination. The structure of tort law based on the correspondence between acts and liabilities follows normative rules that classify based on the impropriety of one's own acts, take civil liability as the external form, and base the development of acts as the basis. The future Civil Code of China will...