TY - BOOK ID - 32076769 TI - Legislation of Tort Liability Law in China PY - 2018 SN - 9811069611 9811069603 PB - Singapore : Springer Singapore : Imprint: Springer, DB - UniCat KW - Law. KW - Political science. KW - Civil law. KW - Private international law. KW - Conflict of laws. KW - International law. KW - Comparative law. KW - Private International Law, International & Foreign Law, Comparative Law. KW - Civil Law. KW - Philosophy of Law. KW - Torts. KW - Liability (Law) KW - Civil wrongs KW - Delicts KW - Injuries (Law) KW - Quasi delicts KW - Wrongful acts KW - Accident law KW - Actions and defenses KW - Obligations (Law) KW - Negligence KW - Reasonable care (Law) KW - Philosophy of law. KW - Private International Law, International & Foreign Law, Comparative Law . KW - Law, Civil KW - Private law KW - Roman law KW - Administration KW - Civil government KW - Commonwealth, The KW - Government KW - Political theory KW - Political thought KW - Politics KW - Science, Political KW - Social sciences KW - State, The KW - Choice of law KW - Conflict of laws KW - Intermunicipal law KW - International law, Private KW - International private law KW - Private international law KW - Law KW - Legal polycentricity KW - Civil law UR - https://www.unicat.be/uniCat?func=search&query=sysid:32076769 AB - This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations. ER -