Background and Key Contents of the New Chinese Tort Liability Law

Koziol, Helmut; Zhu, Yan

doi:10.1515/jetl.2010.328

Cited by 10 publications

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“…It appears that the current approach keeps the continuity with the Soviet position towards awarding general damages. It is noteworthy in this connection that the current tort law in China, one of the few remaining socialist countries, still hardy recognises non-pecuniary damages and allows them only in exceptional circumstances when serious emotional damage was caused (Koziol and Zhu 2010).…”

Section: Non-pecuniary Damages: Current Judicial Approach and Its Historical Preconditionsmentioning

confidence: 99%

Is there a “compensation culture” in contemporary Russia? The role of liability insurance, non-pecuniary damages, and legal profession in personal injury litigation

Bocharov

2021

OSLS

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This article explores current trends in personal injury litigation in Russia compared with the common law countries (the UK and US). In contrast to the British and American situation, there is no concern about the problem of “compensation culture” or “litigious behaviour” in Russian public discourse. The number of personal injury cases considered by Russian courts is not particularly high despite the growing number of accidents. This state of affairs can be explained by the influence of the Soviet culture of tort law. The most visible areas of the Soviet impact addressed in the article are liability insurance, non-pecuniary damages, and the legal profession. The article demonstrates the specificity of the Russian approach to these issues. The research is based on the analysis of judicial decisions on personal injury cases, court statistics, and expert interviews with personal injury lawyers. The findings are discussed from a historical and comparative perspective.

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Section: Non-pecuniary Damages: Current Judicial Approach and Its Historical Preconditionsmentioning

confidence: 99%

Is there a “compensation culture” in contemporary Russia? The role of liability insurance, non-pecuniary damages, and legal profession in personal injury litigation

Bocharov

2021

OSLS

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“…93 In respect of tort law in particular, recent reform commenced with a new draft law published in December 2002. 94 After consultation and redrafting, the Tort Liability Law of the People's Republic of China was adopted in 2009 by the National People's Congress Standing Committee and entered into force in July 2010. 95 Article 6 of the Tort Liability Law sets out the general rule: liability attaches to one who is at fault and who infringes the civil right or interest of another person.…”

Section: Comparative Surveymentioning

confidence: 99%

State Instigation in International Law: A General Principle Transposed

Jackson

2019

European Journal of International Law

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It is widely believed that international law imposes no general prohibition on instigation – no general prohibition on states inducing, inciting or procuring other states to breach their international obligations. The absence of a prohibition on instigation stands in contrast to the now entrenched prohibition on the provision of assistance to another state that facilitates an internationally wrongful act. In this article, I argue that the orthodox position on instigation is incorrect. I argue that a prohibition on instigation is founded on a general principle of law, as envisaged in Article 38(1)(c) of the Statute of the International Court of Justice, and that it would be appropriate to transpose that general principle to the international legal system. To sustain this argument, I first construct a representative set of domestic jurisdictions for comparative analysis. Second, through a brief comparative survey, I assess whether in each of these domestic jurisdictions it is wrongful, in one way or another, for an actor to instigate another to commit an act that it would be wrongful for it to do itself. And, third, I argue that the transposition of this principle from domestic law to international law is conceptually and normatively appropriate.

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“…Where the asbestos related damages are instead the consequence of environmental pollution, Articles from 65 to 68 of the same "Tort Liability Law" establish a no-fault system that excludes the polluter liability for the compensation of the damages only when he can prove that he is not liable or that there is not a causal relationship between his conduct and the harm [51][52][53][54][55].…”

Section: Laws On the Prevention Control And Compensation Of Asbestomentioning

confidence: 99%

The Rough Path to the Compensation of Asbestos Damages in China

Coggiola

2017

Sustainability

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Abstract:The article investigates the issue of asbestos damages compensation in China. Today, China is a major player in the global market of asbestos production and consumption. Therefore, a large number of Chinese workers are employed in the asbestos industries and an even larger number of individuals are exposed to asbestos for non-occupational reasons. Although there is no official data on the numbers of asbestos-related diseases in China, it is estimated that a significant part of the population developed asbestos-related diseases and that there will be an augmentation of those diseases in the future. This article examines the Chinese legal provisions on the prevention, control, and compensation of asbestos related diseases; both in cases of environmental and occupational exposures, and analyzes if and when those provisions are applied. This research shows that although the laws and the regulations enacted by the Chinese government provide protection for those exposed to asbestos dust, and entitle them to some compensation or indemnity where those exposures caused damages, the implementation of those rules is actually very difficult, due to a variety of different reasons. Those reasons can vary from problems in the interpretation and implementation of the laws and regulations, to difficulties in the access to justice and in the adjudication by the courts, regarding occupational and environmental damages. In most of these cases, the consequences of these problems are a poor and inefficient protection of the victims of the asbestos exposures for the damages suffered.

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Background and Key Contents of the New Chinese Tort Liability Law

Cited by 10 publications

References 0 publications

Is there a “compensation culture” in contemporary Russia? The role of liability insurance, non-pecuniary damages, and legal profession in personal injury litigation

Is there a “compensation culture” in contemporary Russia? The role of liability insurance, non-pecuniary damages, and legal profession in personal injury litigation

State Instigation in International Law: A General Principle Transposed

The Rough Path to the Compensation of Asbestos Damages in China

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