The evolution of the law of torts in China: The growth of a liability system

During the “Reform and Opening-up” years, tort disputes have become one of the main types of cases litigated in Chinese courts, and tort law has been playing a significant role in carving out the incentives of businesses and individuals in China. Since the formal legal rules on torts came into being...

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Main Author: ZHANG, Wei
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Language:English
Published: Institutional Knowledge at Singapore Management University 2016
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Online Access:https://ink.library.smu.edu.sg/sol_research/1858
https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99204537702601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Private%20law%20in%20China%20and%20Taiwan:%20Legal%20and%20economic%20analyses&offset=0
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spelling sg-smu-ink.sol_research-38102021-11-09T02:18:31Z The evolution of the law of torts in China: The growth of a liability system ZHANG, Wei During the “Reform and Opening-up” years, tort disputes have become one of the main types of cases litigated in Chinese courts, and tort law has been playing a significant role in carving out the incentives of businesses and individuals in China. Since the formal legal rules on torts came into being in 1986, a large number of changes have occurred in the law of torts. The transformation of the rules, however, has eluded previous introductory works on Chinese tort law written in English. This paper is devoted to delineating these changes, which present the growth of a liability system moving predominantly in favor of tort victims. Unlike most existing English literature on Chinese tort law that survey primarily the major civil statutes, this paper places commensurate emphasis on the rules dealing with tort liabilities embedded in the administrative laws and regulations as well as the judicial interpretations. In addition, this paper also makes a rough assessment of the efficiency implications of the evolution of tort law in China. Given the exceptionally low point where the increment of victim protection in tort law started, the change of rules in China is, by and large, moving in the direction of cost internalization as required by efficiency. However, the potential improvement in efficiency is perhaps a byproduct of the development of tort law in China. The motivation behind the rule change is more likely to be loss redistribution rather than efficiency upgrade. In light of the policy-implementing orientation of the Chinese legal system and the collectivistic propensity rooted in the law of torts, political and institutional perspectives might bring us better insights into the driving force of change of law in China. 2016-11-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1858 info:doi/10.1017/9781316658925.006 https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99204537702601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Private%20law%20in%20China%20and%20Taiwan:%20Legal%20and%20economic%20analyses&offset=0 http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University law of torts expanding the protection efficiency Asian Studies Commercial Law Torts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic law of torts
expanding the protection efficiency
Asian Studies
Commercial Law
Torts
spellingShingle law of torts
expanding the protection efficiency
Asian Studies
Commercial Law
Torts
ZHANG, Wei
The evolution of the law of torts in China: The growth of a liability system
description During the “Reform and Opening-up” years, tort disputes have become one of the main types of cases litigated in Chinese courts, and tort law has been playing a significant role in carving out the incentives of businesses and individuals in China. Since the formal legal rules on torts came into being in 1986, a large number of changes have occurred in the law of torts. The transformation of the rules, however, has eluded previous introductory works on Chinese tort law written in English. This paper is devoted to delineating these changes, which present the growth of a liability system moving predominantly in favor of tort victims. Unlike most existing English literature on Chinese tort law that survey primarily the major civil statutes, this paper places commensurate emphasis on the rules dealing with tort liabilities embedded in the administrative laws and regulations as well as the judicial interpretations. In addition, this paper also makes a rough assessment of the efficiency implications of the evolution of tort law in China. Given the exceptionally low point where the increment of victim protection in tort law started, the change of rules in China is, by and large, moving in the direction of cost internalization as required by efficiency. However, the potential improvement in efficiency is perhaps a byproduct of the development of tort law in China. The motivation behind the rule change is more likely to be loss redistribution rather than efficiency upgrade. In light of the policy-implementing orientation of the Chinese legal system and the collectivistic propensity rooted in the law of torts, political and institutional perspectives might bring us better insights into the driving force of change of law in China.
format text
author ZHANG, Wei
author_facet ZHANG, Wei
author_sort ZHANG, Wei
title The evolution of the law of torts in China: The growth of a liability system
title_short The evolution of the law of torts in China: The growth of a liability system
title_full The evolution of the law of torts in China: The growth of a liability system
title_fullStr The evolution of the law of torts in China: The growth of a liability system
title_full_unstemmed The evolution of the law of torts in China: The growth of a liability system
title_sort evolution of the law of torts in china: the growth of a liability system
publisher Institutional Knowledge at Singapore Management University
publishDate 2016
url https://ink.library.smu.edu.sg/sol_research/1858
https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99204537702601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Private%20law%20in%20China%20and%20Taiwan:%20Legal%20and%20economic%20analyses&offset=0
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