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Legislation of Tort Liability Law in China (Hardcover, 1st ed. 2018)
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Legislation of Tort Liability Law in China (Hardcover, 1st ed. 2018)
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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.
General
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