中国侵权法导论

Preface

Introduction

1.Torts in Chinese Legal History

2.Issues Facing the Torts Legislation

3.Basic Structure of the Torts Law

Part One Torts in General

Chapter 1 Torts andlts Determination

1.Concept of Torts

a.Definition

b.Right of Claim

c.Concurrent Liability

2.Determination of Tort

a.Conduct

b.Damages

c.Causation

3.Functions ofthe Torts Law

4.Coverage of the Torts Law

Chapter 2 Liability Basis and Imputation

1.General Principle ofFault

a Definition of Fault

b.Burden of Proof

2.Presumption ofFault

3.Liability Without Fault

4.Faimess Principle

Chapter 3 MultipleTortfeasorsandLiabilityAllocation

1.Joint Tort

a.Joint Conduct

b.Join Danger

c.Joint Cause

2.Joint Tort Liability

Chapter 4 PeculiarTortfeasors and Liability

1.Special Relationship Tortfeasors

a Guardianship and Employment

b.Other Tortfeasors

2.Capacity-Impeded Tortfeasors

a.Causes of Capacity Impediment

b.Principle of Faimess in Compensation

3.Intemet Related Tortfeasors

a Intemet Related Torts

b.Liability Rules

Chapter 5 Defenses to Tort Liability

1.Concurrent Fault of Plaintiff: Fault Offset Rule

2.Intentional Conduct of Plaintiff: Liability Exemption Rule

3.Act of Third Party : Non Joint Tortfeasor Rule

4.Force Majeure: Statutory Excuse

5.Self Defense: Justified Defense

6.Necessity: Rule of Emergency

Chapter 6 Mechanism of Tort Liability Assumption and Remedies

1 .Liability Assumption and Principles

2.Forms of Remedy

a Cessation of Infringement

……

Part Two SpeciaITorts

Appendix Tort Liability Law of the People's Republic of China

Index

1 “Torts” is an imported concept in China.In Chinese legal history, due to the dominance of criminal law in both legislation 2 and judicial practice, little attention was ever paid to civil matters.Not until the late Qing Dynasty (1644-1911) when foreign forces broke the tranquility of the closely-held Chinese society, did 3 Western legal concepts begin to influence China.The term of torts, as a legal jargon, was first used in the drafting of the Qing Civil Code where it was phrased as “Qin Yuan Xing Wei”, meaning 4 the conduct infringing upon civil rights.Since then, this term has widely been accepted and become part of common legal