Civil Liability Law

Author: Yang Lixin
Publisher:
Publish Date: 2005-09-01
Features: "Boshe" (Broad Learning) is the brand mark of the premium teaching materials specially launched by Fudan University Press. The "Boshe·Law Series" is led by renowned legal scholars and discipline leaders from universities such as the Law School of Renmin University of China, the Law School of Peking University, the Law School of Wuhan University, the Law School of Fudan University, the Law School of Tsinghua University, the Law School of Zhejiang University, the China University of Political Science and Law, the East China University of Political Science and Law, the Law School of Nanjing Normal University, and others. It is co-authored by experienced professors and associate professors selected from the aforementioned universities, as well as from political and legal universities such as Zhongnan University of Economics and Law, Southwest University of Political Science and Law, Xiamen University, Sun Yat-sen University, Liaoning University, Nanjing University, Soochow University, Anhui University, Shandong University, Nanchang University, Xiangtan University, Lanzhou University, Shanghai University, and others. The authors are authoritative, and the team is strong. In terms of content and structure, it emphasizes retaining the essence of traditional teaching materials while striving for innovation and breakthroughs. It is a high-quality law textbook for the 21st century, reflecting the latest state of legal education in China.
Tort Law, as the law for protecting rights within civil law, holds an important position in the theoretical system of civil law. Based on the provisions of the current General Principles of Civil Law regarding tort liability and the legislative research on the Tort Liability Law of the Civil Code, combined with the legislative experience and research findings of tort law in the civil law and common law systems, and drawing on China's judicial practices in tort law, this book constructs a brand-new system of tort law. The book is divided into five parts: Introduction, Structure of Tort Liability, Forms of Tort Liability, Types of Torts, and Tort Compensation. Under this system, the book, starting from the requirements of combining teaching and practice, systematically and thoroughly explains and clarifies the basic principles and rules of tort law, integrating judicial practices to strive for innovation.
In the section on the Structure of Tort Liability, the book explains the rules of tort liability attribution principles, elements of tort liability, defenses against tort liability, and the overlap of tort liabilities, respectively. In the section on Forms of Tort Liability, the authors innovatively propose the concept of the system of forms of tort liability in China, explaining different forms such as direct liability and vicarious liability, unilateral liability and bilateral liability, and individual liability and joint liability. The views are novel, the structure is complete, and it aligns closely with judicial practice. In the section on Types of Torts, the authors draw on the classification of torts in the common law system to define torts in China into four basic types, and provide detailed explanations of the various specific torts that fall under each basic type.
The book has a rigorous theoretical system, clear viewpoints, strong logical coherence, and integrates legal principles with practical cases, aiming to explain complex issues in an accessible way. It represents the forefront of tort law research in China and can serve as an ideal textbook for universities of law to teach tort law courses. It is also suitable for reference by personnel in judicial practice departments.