Legislation of Tort Liability Law in China
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
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Legislation of Tort Liability Law in China
Legislation of Tort Liability Law in China
Xinbao Zhang
Legislation of Tort Liability Law in China
123
Xinbao Zhang Renmin University of China Law School, China Legal Science Journals Press Beijing China Translated by Hao Wang
ISBN 978-981-10-6960-4 ISBN 978-981-10-6961-1 https://doi.org/10.1007/978-981-10-6961-1
(eBook)
Library of Congress Control Number: 2017956312 Translation from the Chinese language edition: 侵权责任法立法研究 by Hao Wang, © China Renmin University Press 2009. All Rights Reserved. © Springer Nature Singapore Pte Ltd. 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Preface
From autumn 2000 to spring 2001, I was a senior visiting scholar at the Institution of International Private Law and Comparative Law in Osnabrück University. One of my major works was to research European law of torts under the guidance of Prof. Christian von Bar, and the other one was to translate an epic monograph of Prof. Christian von Bar, entitled The Common European Law of Torts. This was an important academic development opportunity for me. I had never systematically researched the law of torts in Europe although I studied the American law of torts at Syracuse University in the 1990s, and being a senior visiting scholar at Osnabrück University allowed me to further explore the European law of torts. The Institute of Law of the Chinese Academy of Social Sciences invited me to participate in drafting the Chinese civil code at the end of 2000, and my major work was responsible for the enactment of tort law in China. I thus returned to China with two achievements in spring 2001,
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