File(s) under permanent embargo

An overview of liability and compensation for personal injury in China under the general principles of civil law

journal contribution
posted on 01.01.1996, 00:00 authored by Kui Hua Wang, Danuta MendelsonDanuta Mendelson
This article reviews the personal injury tort system in the People's Republic of China (PRC). The Chinese torts law has a number of unique features. To begin with, it is quite new — the legal framework of torts law was established only in 1986. The unique features of the Chinese torts law also stem from its long and difficult evolution over nearly 40 years. Equally important has been the remarkable blend of influences that have shaped its current law — a mixture of socialist objectives, capitalist pragmatism, and feudal doctrines combined with jurisprudential models taken from a range of western civil codes and, more recently, the common law.

Part one of the article briefly analyses the most important features of the existing Chinese legal system. Part two provides a background to the enactment of the General Principles of Civil Law (GPCL), which incorporates Chinese torts law. The review looks at the development and drafting of the GPCL legislation, and the influences that guided the formulation of legal principles. Part three of the article provides an overview of the torts law provisions in the GPCL. Part four examines the law of personal injury established by the GPCL. Part five uses some case studies to illustrate the principles highlighted in the previous two parts and part six contains a brief conclusion and some pointers to the directions that Chinese torts law may take in the future.

History

Journal

Torts law journal

Volume

4

Issue

2

Pagination

1 - 36

Publisher

Butterworths

Location

Sydney, N.S.W.

ISSN

1038-5967

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

1996, Butterworths

Usage metrics

Categories

Keywords

Exports