2012Journal of Xi'an University of Arts and ScienceRequires access

The Legislative Law and Improvement of Fair Liability in China

Bai Zhan-feng

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Abstract

Although the Tort Liability Law has been issued in China,some basic problems concerning tort liability are lack of further exploration in civil law field.The essential part of the tort liability system is the imputation principle which has been heatedly argued in civil law circle during the later 1980s and the early 1990s.With the drafting and promulgation of the Tort Liability Law recently,a large number of researches have been conducted among which,however,few are concerned with imputation principle.The paper summarized the traditional fault liability and the fair liability law in civil law trying to propose some ideas about imputation of tort behavior.

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What this paper is about

Although the Tort Liability Law has been issued in China,some basic problems concerning tort liability are lack of further exploration in civil law field.The essential part of the tort liability system is the imputation principle which has been heatedly argued in civil law circle during the later 1980s and the early 1990s.With the drafting and promulgation of the Tort Liability Law recently,a large number of researches have been conducted among which,however,few are concerned with imputation principle.The paper summarized the traditional fault liability and the fair liability law in civil law trying to propose some ideas about imputation of tort behavior.

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Available abstract

Although the Tort Liability Law has been issued in China,some basic problems concerning tort liability are lack of further exploration in civil law field.The essential part of the tort liability system is the imputation principle which has been heatedly argued in civil law circle during the later 1980s and the early 1990s.With the drafting and promulgation of the Tort Liability Law recently,a large number of researches have been conducted among which,however,few are concerned with imputation principle.The paper summarized the traditional fault liability and the fair liability law in civil law trying to propose some ideas about imputation of tort behavior.

Key concepts: Delict, Tort, Strict liability, Legal liability, Law, Civil law (Civil law), Liability, Political science

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