Infringement Law Theory (Third Edition)

Author: Yang Lixin
Publisher:
Publishing Date: 2005-10-01
Features: Since the second edition of this book was published, it has been well-received by a broad readership and has received encouragement from many readers, which deeply inspired me. On one hand, this indicates that the content of the book is suitable for readers and practical use in legal practice. On the other hand, it also reflects that the demand for tort law in Chinese society is continuously increasing and playing an increasingly important role.
In recent years, I have had a strong sense that tort law is essentially the law for protecting civil rights. The entire content of civil law is about defining civil rights, and the primary responsibility for protecting these rights lies with tort law. Without tort law, civil rights cannot be adequately protected. In today's society, civil rights are gaining more attention, and people's awareness of and attitude toward rights are becoming stronger. Under such circumstances, the protection of civil rights must continue to be strengthened, and this responsibility must be fulfilled by tort law. In this context, the popularity of specialized books on tort law is only natural.
For this reason, I have also been encouraged by the significant progress in the development of tort law in China since the publication of the second edition of this book 25 years ago. Among the most important developments is the promulgation of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases on December 26, 2003, which took effect on May 1, 2004. This judicial interpretation holds great significance for the development of tort law. During this period, the drafting of the Tort Law Draft of the Civil Code has been continuously progressing, scholars have gained deeper insights into some key issues of tort law, and I have also had more new inspirations. At the same time, in recent years, theoretical research on tort law has rapidly advanced, with new specialized books and papers on tort law being published regularly. These new research findings have driven my own work on tort law research.
Due to the above three reasons, at the beginning of this summer vacation, at the request of Chen Jiande, the chief editor of the People's Court Publishing House, I undertook a comprehensive revision of this book, which took nearly two months to complete.
For this revision, the focus was on improving and innovating the content of the book, particularly in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation for Mental Damage Cases, and the basic content of the Draft of Tort Law. The revision also draws on the latest theoretical research findings and incorporates new insights gained during the drafting of the Tort Law Draft of the Civil Code. These two aspects of revision actually involve almost the entire content of the book. As a result, this revision has supplemented and improved the main content of the book, especially in the sections on tort types, forms of tort liability, and tort damage compensation, where a significant amount of new content has been added.
In the second part, a new chapter, Chapter 9, Tort Claims and the System of Civil Rights Protection Claims, has been added. This is my latest research finding, which addresses the status and role of tort claims within this system of claims, and it is specifically explained in this chapter.
In addition to these changes, there are a few other new practices: first, the cases used in the book have been organized systematically, and an index has been compiled at the end of the book; second, the specialized concepts of tort law, i.e., the basic concepts of tort law, have been organized and indexed as well; third, the bibliography is placed at the end of the book, and this is also an opportunity to express my respect to the authors of these works.
On the occasion of the publication of this new edition, I extend my gratitude to the enthusiastic readers who have supported me! I also thank the chief editor and the chief proofreader of this book!
Professor Yang Lixin, Renmin University of China
August 20, 2005, Beijing New House