| By the use of comparison, this thesis concludes that Canadian tort law is more developed than Chinese tort law. It proposes that Chinese tort law improve itself by protecting on interest in individual freedom, by providing more protection against mental suffering, by paying more attention to professional negligence, and by regulating indirect protection of property. It also suggests that Chinese tort law abolish the requirement of illegal conduct for ordinary tort liability, and recognize a "duty" concept as a requirement in place thereof. It further maintains that Chinese tort law should recognize pain and suffering, loss of amenity of life, loss of shortened life, and injury to the interest in freedom as damage in tort law. It additionally argues that damages for non-pecuniary loss should be allowed in cases of personal injury and death in China; and that damages could be awarded to compensate for the plaintiff's pecuniary loss and wounded feelings in defamation actions.;Furthermore, this thesis suggests that Canadian tort law abolish the current distinctions between intentional and negligent torts, between public and private necessity, and between libel and slander. It also suggests that Canadian tort law eliminate the confusion in the "duty" concept and the remoteness issue. (Abstract shortened by UMI.). |
