The Product Liability System in China: Recent Changes and Prospects

Thomas, Kristie

doi:10.1017/s0020589314000219

ICLQ

2014

DOI: 10.1017/s0020589314000219

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The Product Liability System in China: Recent Changes and Prospects

Kristie Thomas¹

Abstract: Following the enactment of the 2009 Tort Liability Law, the product liability system in China is largely complete. This article sketches the development of this system before outlining some of the main substantive provisions in force today and drawing comparisons between the Chinese approach and the US and European provisions. The Article will conclude that China's product liability system provides an interesting case study which enriches the study of global trends and norms in the product liability arena. In … Show more

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Cited by 3 publications

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“…Placing vicarious liability in comparative perspective: A hybrid socialist legal system in transition (China).China, as a mixed103 or hybrid104 legal system, offers a further perspective from a system in transition. The 2009 Tort Liability Law (TLL) came into force from 1 July 2010105 and, as Thomas has noted, reflects the values of a country striving to move from a Socialist command economy to a modern economy driven by both exports and domestic demand 106. For Zhang: 101 This is the Costedoat ruling (Ass.…”

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Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective

Giliker

2018

The Chinese Journal of Comparative Law

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The traditional common law definition of vicarious liability consists of three conditions: (1) an employer (or master) who is held strictly liable; (2) for the torts of his employee (or servant);(3) provided that they take place in the course of employment. 6 The classic test of Sir John Salmond, which was applied to claims across the common law world including former British colonies Australia and Hong Kong, states that: A master is not responsible for a wrongful act done by his servant unless it is done in the course of his employment. It is deemed to be so done if it is either (1) a wrongful act authorised by his master, or (2) a wrongful and unauthorised mode of doing some act authorised by the master. 76 Vicarious liability does extend to other relationships e.g. partners in a law firm, but the employer/employee relationship is the most common incidence of the doctrine. On this basis, it is this relationship which will be examined in this article.

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Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective

Giliker

2018

The Chinese Journal of Comparative Law

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The Impact of Bioprinting Technologies on the Development of Civil Liability

Богданов

2020

Lex Russica

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Bioprinting is a new technology that allows us to overcome the shortage of human organs and tissues in transplantation. This technology, in addition to its positive effect, creates serious risks, since the negative consequences bound to arise from its active implementation remain unknown. For example, deficiencies in digital design of a digital model of a human organ or the skeleton of this organ may harm the life or health of a patient. Therefore, civil liability has become one of the main areas of legal regulation that bioprinting will have a serious impact on. Foreign law enforcement practice indicates that there are problems in determining the model of liability for harm caused in the field of additive technologies and bioprinting. The foreign science of civil law attempts to develop a scientific response to a new technological challenge, in particular, it is proposed to use a number of approaches to compensate for the damage caused by the use of bioprinting technologies. For example, it is proposed to use a special culpable tort or to compensate for damages under the strict liability model. Positions are also expressed in favor of using contractual remedies.It is necessary to take into account not only the risks that bioprinting technology creates, but also its benefits. In order to obtain a beneficial effect, the patient can voluntarily assume the risks arising from its use. Russian law has established a rule according to which compensation for harm can be refused if the harm was caused at the request or with the consent of the victim, and the actions of the harmer do not violate the moral principles of society. This rule may become very important in the future when dealing with questions on liability for harm caused to the patient due to the use of bioprinting technologies in treatment. This will require the use of other compensatory mechanisms aimed at protecting the rights of patients, such as life and health insurance when using bioprinting technologies.

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Justice in Tort Law of Russia and China

Dolinskaya

Летута

2022

BRICS law journal

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The article describes the main issues of tort liability regulation in the context of the principle of justice and its implementation into the legislation and law enforcement practice of the Russian Federation and the People’s Republic of China (PRC). The comparative method of the study revealed critical differences in the provisions of Russian and Chinese tort law. The analysis of the domestic and foreign scientists’ works and judicial practice in disputes on compensation for harm contributed to findings and results related to the forms of justice implementation in these countries. The authors argue the dominance of procedural form of justice implementation in the Russian legal system but distributive form in the Chinese legal system. Positive and negative aspects of both forms are discussed. The reform of Chinese civil law which completely changed legal regulation of tort liability and excluded many of the controversial provisions of the previous PRC law on liability for offenses required new theoretical studies aimed at evaluating new laws. Comparison of the new tort law of the People’s Republic of China and the tort law of the Russian Federation is especially acute in connection with the objective to integrate the BRICS member countries against the background of the increasing conflicts in international arena. Optimization of legal norms by choosing the most effective model for the principle of justice would improve the protection of victims’ rights. In particular, the authors conclude that it is necessary to integrate the Russian and Chinese approach for determining the compensation and defining clear criteria for resolving disputes. In addition, possibility of the tort liability parties to agree on the procedure, time frame and amount of compensation should be set out under the law.

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The Product Liability System in China: Recent Changes and Prospects

Cited by 3 publications

References 12 publications

Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective

Comparative Law and Legal Culture: Placing Vicarious Liability in Comparative Perspective

The Impact of Bioprinting Technologies on the Development of Civil Liability

Justice in Tort Law of Russia and China

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