Study On Neoteric Tort Law Of China

The title of this paper is On Modern Tort laws history of China.As we know, there were no system tort laws in ancient China. In the late Qing Dynasty,on the legislation tenet of that paying attention to the most common rules in the world,discerning the most advaced judicial idea, trying to find the rules applying to China mostly atthat time, and hoping to improving the rules, the late Qing Dynasty government enacted theCivil Law Code Draft of the Qing Dynasty. Although the civil law code was not to be issuedfor enforcement, the draft innovated traditional laws of China and that was the first law toenact the civil law being apart from other laws, of which the significance is vital. Later, BeiYang Government of China enacted the Civil Code Bill of Republic of China and the NationalGovernment at Nanking issued and implemented the Civil Code of Republic of China, so themodern tort law systems was formulated then. Accompanying the tort law legislation, thejudicial theory of tort law was prosperous gradually and the judicial systems became moreand more standard. Of course, it is an objective fact that some modern resolving rules of tortdisputes are customry laws. The change of the tort laws in modern China is the actual reactionof Codification of civil law, which was one of the most representive civil legislation activities,constituting an important part of modern law history of China naturally.Six parts are divided in this paper:The first chapter is exordium.In this chapter, the author mainly introduces the meaningof choosing the title;the situation of studying of this subject and the creations of this paper.Inthe end, the author intrduces the means of study and the materials by used.The second chapter is, prelude of the modernization of tort laws in China. At first, theauthor makes an organized description summarily about the accient tort laws of China, inwhich the author analyzes the contents and characteristics of the accient tort laws of China,and makes evaluations of that. Then the author makes explorations of the Source of the tortlaws in the late Qing Dynasty, including the legislative purpose and the legislation’s reason of the Civil Law Code Draft of the Qing Dynasty, in which a summary assessment is made ofthe Civil Law Code Draft of the Qing Dynasty by the author. At last, the author makesconclusion and analysis of the contents and characteristics of tort laws in the late QingDynasty.The third chapter is, cling and creation: the doctrine of tort laws in modern China. In thefirst verse of this chapter, the author introduces system of the tradition tort laws in China, anddescribes and analyzes the interpreted contents of the tradition tort laws. In the second verseof this chapter, the author elaborates the creation of the tort laws doctrine since the moderntimes of China, studies the history of the import and formation to civil law doctrine in the lateQing Dynasty, introduces the jurists researching the civil law doctrine in modern times ofChina, and makes a evaluation of the creation of the tort laws doctrine at that times. At last,the author believes that for absorbing the doctrine of western counties in European andJanpan,the tort laws doctrines in modern China are advanced and are worth of beind studiedextraordinarily by scholars.The fourth chapter is, continuity and changes: the legislation and the legislation’s changeof tort laws in modern China. In the first verse of this chapter, the author introduces andevaluates the legislation of tort laws in the late Qing Dynasty, and as the focal points in thisverse, the author makes comparative analysis among the legal provisions of the Civil LawCode Draft of the Qing Dynasty, modern German civil code and Japan civil code. In thesecond verse of this chapter, the author presents the tort laws in the time of Bei YangGovernment of China, in which the author indicates that in tort laws, great improvements oftort laws are achived, legislative techniques are promoted at the time of Bei Yang Governmentof China. However, the author finds that by making comparative analysis between the legalprovisions of the tort laws of the late Qing Dynasty and Bei Yang Government,the legislationideas of tort laws, at the time of Bei Yang Government of China, follow the beaten track,evengo in reverse. In the third verse of this chapter, the author introduces the legislation of tortlaws at the time of the National Government at Nanking, and makes comparative analysisamong the legal provisions of torts laws at the time of the National Government at Nanking and the legal provisions of torts laws in modern German civil code,Japan civil code,and theSwitzerland civil code.The fifth chapter is, sustain and change:system of solving the tort cases at modern timein China. The first verse of this chapter is introduction. In the second verse of this chapter, theauthor studies some judicial cases about tort disputes in detail since modern time, and anlyzesthe judicial cases one by one. In the third verse of this chapter, the author makes research ofthe objective reality of civil customary law on solving the tort disputes,and othersubjects,such as the investigation of civil habits, legislation approval of civil customary law,appliance of civil customary law,ect. In the fourth verse of this chapter, the author exploresthe system of resolving tort disputes, and points out the meaning of learning from which.The sixth chapter is, the change and rethink of modern tort laws. In the first verse of thischapter, the author studies the reasons of the changes of modern tort laws, the motivation ofapplying the customary law, and explores the reqirements between the regulation of nationallegal order and the development of society. In the second verse of this chapter, the author onthe cosideration of the importance makes research about the relationship of civil customarylaw and statutory law. In the third verse of this chapter, the author makes comparationbetween the change of modern tort laws and the social reality. At last, the author indicates thatit is a rational thinking style that the legislation should make applance to the socialdevelopment and should comply with the customary law,and presents some legislation adviceof how to improve the current tort laws of China,on the reference of the advanced theory oftort laws in modern China.The last part is epilogue, the author makes conclusion of this paper, makes self-criticismto the shorts in writing the paper, in order to make greater progress in this subject in thefuture.