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Tort law in China
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Tort law in China
The first tort law in the People's Republic of China was enacted in 2009.
Civil and criminal law was not clearly delineated in Ancient Chinese law as they are in modern legal systems. Therefore, while Tort Law was not a distinct area of law, concepts familiar to tort law were present in the criminal laws. However, by the late feudalism period, personal injury or property damage torts were mostly focused on compensations.
The earliest "tort case" known from Ancient China is from the Zhou dynasty. During a famine one person robbed another's barn by sending his slave to steal the grain. He was sued and the court ordered double the original grain restored to the victim to compensate the damages.
The Qin Code made some changes to tort liabilities introducing the concept of subjective fault (fault liability). In a case where one person borrows farm equipment, compensation would be required for damage to the equipment if the damage is caused by the condition of the equipment when it was borrowed.
In addition to fault liability, some defenses were developed. A person would not be liable if public property were damaged by fire or other natural forces outside the person's control. There was no liability for killing livestock, if the livestock was about to hurt someone.
Some scholars have advanced the position that the Yong Hui Code was more developed than the Corpus Iuris Civilis in some areas concerning torts. Proponents of this view argue that it was the first legal system to emphasize causation as an element for tortious acts and to distinguish negligence from intentional torts. Its said to have been the leading tort law in world from the time of the Tang Dynasty until the establishment of the Napoleonic Code.
The Qing Code included 4 categories and 15 specific rules covering compensation for property damage, bodily injuries and various defenses against liability.
When Western imperial powers entered China after the First Opium War, the Chinese legal system was strained to nearly a breaking point. At this point, China abandoned its legal traditions of thousands of years and began the process of integration with European legal systems.
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Tort law in China
The first tort law in the People's Republic of China was enacted in 2009.
Civil and criminal law was not clearly delineated in Ancient Chinese law as they are in modern legal systems. Therefore, while Tort Law was not a distinct area of law, concepts familiar to tort law were present in the criminal laws. However, by the late feudalism period, personal injury or property damage torts were mostly focused on compensations.
The earliest "tort case" known from Ancient China is from the Zhou dynasty. During a famine one person robbed another's barn by sending his slave to steal the grain. He was sued and the court ordered double the original grain restored to the victim to compensate the damages.
The Qin Code made some changes to tort liabilities introducing the concept of subjective fault (fault liability). In a case where one person borrows farm equipment, compensation would be required for damage to the equipment if the damage is caused by the condition of the equipment when it was borrowed.
In addition to fault liability, some defenses were developed. A person would not be liable if public property were damaged by fire or other natural forces outside the person's control. There was no liability for killing livestock, if the livestock was about to hurt someone.
Some scholars have advanced the position that the Yong Hui Code was more developed than the Corpus Iuris Civilis in some areas concerning torts. Proponents of this view argue that it was the first legal system to emphasize causation as an element for tortious acts and to distinguish negligence from intentional torts. Its said to have been the leading tort law in world from the time of the Tang Dynasty until the establishment of the Napoleonic Code.
The Qing Code included 4 categories and 15 specific rules covering compensation for property damage, bodily injuries and various defenses against liability.
When Western imperial powers entered China after the First Opium War, the Chinese legal system was strained to nearly a breaking point. At this point, China abandoned its legal traditions of thousands of years and began the process of integration with European legal systems.