China s tort law

How to assume the tort liability is the core of the tort liability law. Thus, special provisions under the intellectual property laws, as well as basic principle and general provisions of Tort Law shall be observed.

personal injury law in china

The record showed that HP followed the regulation carefully by releasing the locks gradually and sounding horns to ensure that passing vessels had ample time to make the adjustment for the water rise. This analysis reveals that the socialized liability principle aligns well with the broader goals the Chinese government intends to achieve, in particular, maintenance of social stability and promotion of state economic interests.

The court emphasized that the basic principle of tort law is liability based on fault in non-strict-liability cases. When Ji woke up in the hospital, he realized that he was permanently paralyzed.

The new principle explains why Chinese lawmakers and courts are willing to deviate from fault-based liability, the bedrock of Western tort law. In its reasoning, the appellate court provided some guidance on the application of Article 24, which was rare for a Chinese court to do.

Whenever any employee causes damage to others in the execution of his work duty, its employer has to assume complete tort liability, in accordance with the Law. During a crackdown on illegal taxis ina group of police officers caught Ji, and he was severely beaten.

tort law china

Regarding the amount of property losses, it shall be calculated as per the market price at the time of occurrence of the loss or calculated otherwise.

The Complications of Socialized Liability The principle of socialized liability plays a unique role in the Chinese legal system. Based on the above, the countless counterfeits sold in Xiushui market or on large sites such as taobao.

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Tort Law in China