History of contract law Roman law contained provisions for torts in the form of delictwhich later influenced the civil law jurisdictions in Continental Europebut a distinctive body of law arose in the common law world traced to English tort law.
The Draft Tort Code contains little that is new and even less that is interesting. China already has a very complete and complex system of tort law, and even if passed into law, the Draft Tort Code is unlikely to make a dent.
The Draft Tort Code merely repeats in fragmentary form what already exists. Whether China adopts the Draft Tort Code or not, is not important because China already has a full system of tort laws.
The draft tort law is only 25 pages long. To give a few examples: A copy of this decision can be found, in Chinese, here [link no longer exists]. Again though, this has already been recognized in China. Vicarious liability is a core principal of Chinese tort law.
Liability for product defects was already provided for in Article of the Basic Principles of Civil Law and has been dealt with in further and great detail by such laws as the Food Safety Law and the Product Safety Law.
But there is an important lesson to be learned from all this for foreign companies doing business in or with China: My concern is that if the Draft Tort Law is not passed which I predict will be the casethis will only serve to confirm the mistaken impression that China has no tort law.
The opposite is true. Greenlaw discusses the draft here and two law professors have translated it into English here.The Tort Law is a significant step forward for China’s product liability legal framework in that it clearly articulates basic legal concepts that would be considered fundamental in mature legal jurisdictions, such as the United states, but which may be poorly understood by PRC courts.
China’s Tort Liability Law took effect on July 1, The law is a response to several safety scandals that captured Chinese and international attention, such as the melamine-tainted milk.
China's effort to craft a comprehensive tort liability law began in , when the first draft was reviewed by the National People's Congress (NPC). The Tort Law was revised and submitted to the NPC again in December and finally in the fall of THE TORT SYSTEM IN CHINA' YE LIN* TRANSLATED BY Li XIAOMING AND HENRY PITNEY I INTRODUCTION The enactment of the General Principles of Civil Law of the People's Republic of China ("General Principles") was an epic event in China's legal history.
Since its promulgation, experts on the science of civil law, Chinese and foreign alike. Abstract.
This article explores two unique aspects of the Chinese Tort Liability Law (TLL): (1) Article 24 holds that a party not at fault shall share the loss with the victim in non-strict liability cases under undefined circumstances, and (2) the government often shields a party at fault from liability in mass tort cases by disregarding the TLL entirely.
China Tort Law of the People's Republic of China. Bibliographic Entries; Texts; Download.