The Basic Theory Of Article 40 In Tort Law Of China

In recent years, campus attack cases occur frequently, which hurt and killed lots of students. Campus attack cases make students and their parents fall into deep panic. The victim students and parents mainly follow the Article 40 in Tort Law of China when they sue for remedy. This essay researches the basic theory of Article 40 and found its core value violate Tort Law of China’s core value which is "Remedy for legal right". Article 40 doesn’t protect and remedy students properly, which is not fair to students and their parents. This essay researches the Article 40’s theory problem base "principles of assumed liability" and "remedy for legal right" in two ways:One way is compare Article 40 with Article 37&38, in which we learned that Article 40 makes the Law of China is not harmonious in system; the other way is compare the Article 40’s core value with Law of China’s core value, in which we learned that the Article 40’s core value violates Tort Law of China’s core value which is "Remedy for legal right". In order to make our current Article 40 protects and remedy victim students more fairly and more properly, this essay discusses and provides suggestions on Article 40 in two ways: legal interpretation and Legislation.