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A - Civil Code of the People's Republic of China, Book VIII: Law of Delict/Act on Liability Law (2009)

from PART 3 - Recent legislation on liability law

Published online by Cambridge University Press:  25 May 2011

Gert Brüggemeier
Affiliation:
Universität Bremen
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Summary

Text of the Act

Chapter I General provisions

Article 1 In order to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and punish tortious conduct, and promote social harmony and stability, this Law is formulated.

Article 2 Those who infringe upon civil rights and interests shall be subject to tort liability according to this Law.

‘Civil rights and interests’ used in this Law shall include the right to life, the right to health, the right to name, the right to reputation, the right to honour, right to one's image, right of privacy, right of marital autonomy, right of guardianship, ownership, usufruct, security right, copyright, patent right, exclusive right to use a trademark, right to discovery, right of equities, right of succession, and other personal and property rights and interests.

Article 3 The victim of a tort shall be entitled to require the tortfeasor to assume tort liability.

Article 4 Where a tortfeasor shall assume administrative liability or criminal liability for the same conduct, this shall not prejudice the tort liability that the tortfeasor shall legally assume.

Where the assets of a tortfeasor are not adequate for payments for the tort liability and administrative liabilit\y or criminal liability for the same conduct, the tortfeasor shall first assume the tort liability.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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References

Koziol, H. and Yan, Zhu, ‘Background and Key Contents of the New Chinese Tort Liabilty Law’ (2010) 1 JETL328CrossRefGoogle Scholar
Hsia, C. L. and Chow, J. L. E. (trans.), The Civil Code of the Republic of China (Shanghai: Kelly & Walsh, 1931)Google Scholar
Chen, J, Chinese Law: Context and Transformation (Dordrecht: Martinus Nijhoff, 2008)Google Scholar
Proceedings of the 66th German Lawyers' Convention, vol. 1 (Munich: C. H. Beck, 2006), p. L90
Hart, D., ‘Organisationshaftung und Medikationssicherheit. Krankenhausorganisation als Gegenstand der Arzthaftung’, in Liber Amicorum G. Brüggemeier (Baden-Baden: Nomos, 2009), p. 345Google Scholar

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