The Bases of Liability in Chinese Tort Liability Law

Chinese tort law was established within Chinese civil law when China adopted the European civil law model at the end of the Qing dynasty. This new Chinese tort law established a dual-liability basis which includes fault liability and liability without fault. Because liability without fault does not expressly point out the liability basis, the author explores the role of strict liability and vicarious liability from a comparative approach. With respect to fault and strict liability, the author further explores liability requirements such as fault, damage, causation and the justification of strict liability. Considering the developing international trends in tort law, Chinese tort law should recognize vicarious liability as an independent liability type. In contrast to the corresponding rules in the General Principles of Civil Law (GPCL), the Chinese Tort Liability Law (CTL) has made significant progress as regards drafting techniques. Keywords:Chinese Tort Liability Law (CTL); dual-liability basis; fault liability; General Principles of Civil Law (GPCL); strict liability; vicarious liability