Abstract
Although article 130 of the General Principles of Civil Law of the People’s Republic of China (hereinafter referred to as the General Principles of Civil Law) states, “if two or more persons jointly infringe upon another person’s rights and cause him damage, they shall bear joint and several liability”, it gives no clear provisions of the definition and constitutive elements of joint tort.
This is a preview of subscription content, log in via an institution to check access.
Notes
- 1.
Article 3 of the Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury stipulates that: Where two or more persons cause an injury to others by joint intent or joint negligence, or their injurious acts are directly combined and result in the same injury consequence even if there is no joint intent or joint negligence, a joint tort shall be constituted, and the infringers shall bear joint and several liabilities in accordance with article 130 of the General Principles of Civil Law. Where two or more persons have no joint intent or joint negligence, but separately commit several acts that are indirectly combined and result in the same injury consequence, they shall bear corresponding compensation liabilities respectively in appropriate proportions upon the extent of their faults or the reasons of such injury.
- 2.
An “obligor to compensation” means a natural person, legal person or other organization that shall bear civil liabilities in accordance with the law for the tort or any other cause of injury committed by himself/itself or by any other person. In correspondence of it is an “oblige to compensation”. An obligee to compensation means a victim who directly suffers personal injury due to a tort or any other cause of injury, or a person in need of maintenance and upbringing for which the victim is obligated in accordance with law, or a close relative of the deceased victim. See Article 1 (2) and (3) of the Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury.
- 3.
Zaiyang (1984).
- 4.
Wang (1992).
- 5.
Zhang and Deng (2003).
- 6.
Shi (2000).
- 7.
Zhang (1998).
- 8.
Id., 38.
- 9.
Qi (2000).
- 10.
Xia (2002).
- 11.
Zhang (1997).
- 12.
See Article 6, 7 and 14 of the Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury.
- 13.
Wang (2003).
- 14.
Shi (2000), 636.
- 15.
Zhang (2004).
- 16.
Wang (2003), 304.
- 17.
Shi (2000), 304.
- 18.
Zhang and Li (2001).
- 19.
Article 42, 63, 161 and 202 of the Securities Law of the People’s Republic of China.
- 20.
Article 26, 27 and 28 of Part 6 Liability for Joint Tort of the Some Provisions of the Supreme People’s Court on Trying Cases of Civil Compensation Arising from False Statement in Securities Market which were adopted at the 1261st Meeting of the Judicial Committee of the Supreme People’s Court on December 26, 2002.
- 21.
Article 57 and 58 of the Product Quality Law of the People’s Republic of China.
- 22.
Zhang and Li (2001)
- 23.
Research Group of Chinese Civil Code Legislation, Proposal of The Civil Code of the People’s Republic of China: the Law of Torts, At 307 (The Law Press, 2003).
- 24.
The Research Center On Civil And Commercial Law Of Renmin University Of China, Proposal Of The Civil Code Of The People’s Republic Of China: The Law Of Torts, at http://www.civillaw.com.cn/weizhang/default.asp?id=10714 (Last visited on November 18, 2003).
- 25.
Zhang (1998), 175.
- 26.
Kong (1991).
References
Kong XJ (1991) Analysis on joint and several liability, 4 Chinese Journal of Law
Qi DJ (2000) Concept, value and principles of economic law, 10 Economic Law Review
Shi SK (2000) On the law of obligations, at 672 (China University of Political Science and Law)
The legal application of the cases concerning compensation for personal injury, at 41 Zhang XB (ed) China Legal Publishing House, 2004)
Wang LM (1992) Studies on regulation of tort liability. China University of Political Science and Law Press, p 286
Wang LM (2003), On the doctrine of liability fixation of the law of torts, at 286 (China University of Political Science and Law Press)
Xia J (2002) Judgment of laoting case serves as important milestone in the process of environmental law, Legal Daily, 29 Apr 2002
Wu ZY (1984) Intention liaison being the essential element of joint torts. The China Law Review, Second Issue
Zhang GX (1997) On law of obligations, at 142 (The Law Press)
Zhang XB (1998) Law of torts in China, at 31 (China Social Sciences Press)
Zhang WY, Deng F (2003) Information, incentive and joint and several liability: legal and economic interpretation of Lianzuo (连坐) and Baojia (保甲) system in Ancient China, 3 Social Sciences in China
Zhang XB, Li Ling (2001) A discussion on the theory of joint tort, People’s Court Daily, 9 Nov 2001
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2018 Springer Nature Singapore Pte Ltd.
About this chapter
Cite this chapter
Zhang, X. (2018). Nine Treatises on the Liability for Joint Tort. In: Legislation of Tort Liability Law in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-6961-1_10
Download citation
DOI: https://doi.org/10.1007/978-981-10-6961-1_10
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-10-6960-4
Online ISBN: 978-981-10-6961-1
eBook Packages: Law and CriminologyLaw and Criminology (R0)