建筑物区分所有权 在实务中的疑难问题.ppt
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1、1,Chinese Civil Law Tort Law Part I. An introduction to Chinese Tort Law,Zhu Wang July 6th, 602, Law School of Renmin UniversityAssociate Professor of Law, Law School of Sichuan University.LLD. of Civil and Commercial Law, Law School of Renmin University of China.Fulbright Scholar (2008-2009) visite
2、d Cornell and Yale Law School.,2,Chinese Civil Law Tort Law,Zhu Wang July 6th, Rm 602, Law School of Renmin UniversityAn introduction to Chinese Tort Law July 8th, Rm 602, Law School of Renmin UniversityEuropean Canvas, American Colors, Chinese Spirit- The Making of the Grand Scroll of the Tort Liab
3、ility Law of ChinaJuly 13th, Rm 602, Law School of Renmin UniversityHaste Makes Waste- Comments on The Second Officially Discussed Draft of Tort Liability Law of P.R. China,3,A Brief Introduction to the Legal and Historical Background,1.The Legal System of China is Statute LawThe main body of the le
4、gal system of China consists of:(1)The Constitution; and(2)Six Basic Categories of Laws: Civil and Commercial Law, Criminal Law, Administrative Law, Civil Procedure Law, Criminal Procedure Law, Administrative Procedure Law; and(3)Other laws concerned about social, economic and environment protection
5、 affairs. Until now, there are 228 laws in force. Law on Mediation and Arbitration for Dispute about the Contracting of Rural Land (proved on June 27th, 2009, to be in force on Jan. 1st, 2010),4,A Brief Introduction to the Legal and Historical background,The Civil Law System of ChinaThe Civil Law sy
6、stem of China consists of seven statute laws:(1) General Principles of Civil Law (1986)(2) Property Right Law (2007)(3) Contract Law (1999)(4) Marriage Law (2001)(5) Succession Law (1985)(6) Adoption Law (1999)(7) Tort Law (to be promulgated in 2010),5,A Brief Introduction of the Legal and Historica
7、l background,2. Regimes of Mainland China in the 20th CenturyQing Dynasty: 1636- 1912Republic of China: 1912 - 1949Peoples Republic of China: 1949 - now,6,1908-2008: Four Phases of the Legislative Century of Tort Law of China,1908-1949: Tort Law Rules in the Drafts of Civil Code from the Dusk of Qin
8、g Dynasty to the Dawn of P. R. China1950-1985: Tort Law Rules in the First Three Drafts of Civil Code of China1986-2002: Tort Law Rules in the General Principles of Civil Law of China2003-now: Tort Liability Law as a Part of the Fourth Draft of Civil Code of China,7,1908-1949: Tort Law Rules in the
9、Drafts of Civil Code from the Dusk of Qing Dynasty to the Dawn of P. R. China,These two draft of Civil Code and the Civil Code of Republic of China all contains some tort law rules in the chapter of obligation.1.1908-1910: Tort Law Rules in the Draft of Civil Code of Qing Dynasty2.1911-1925: Tort La
10、w Rules in the Draft of Civil Code of Republic of China3.1929-1930: Tort Law Rules in the Civil Code of Republic of China,8,1950-1985: Tort Law Rules in the First Three Drafts of Civil Code of China,The NPC initiated drafting efforts for the Civil Code in the 1950s, 1960s and 1980s respectively, but
11、 all were interrupted and aborted by the political reasons.1.1954-1956: Tort Law Rules in the First Draft of Civil Code of China2.1962-1964: There was No Tort Law Rule in the Second Draft of Civil Code of China3.1979-1982: Tort Law Rules in the Third Draft of Civil Code of China,9,1950-1985: Tort La
12、w Rules in the First Three Drafts of Civil Code of China,1.1954-1956: Tort Law Rules in the First Draft of Civil Code of ChinaThe First Draft of Civil Code of China was framed according to the 1922 Civil Code of Soviet Russia, which contains very simple tort law rules in the chapter of obligation, t
13、he drafting work was interrupted by the imminent political movement.,10,1950-1985: Tort Law Rules in the First Three Drafts of Civil Code of China,2.1962-1964: There was No Tort Law Rule in the Second Draft of Civil Code of ChinaThe second draft reflected the characteristics of the then planned econ
14、omy. Owing to the deterioration of the Sino-Soviet relations, the drafters designed a brandnew framework, which consisted only three parts- General Principles, the Ownership of Property and the Transaction of Property, and excluded Family Law, Law of Succession and Tort Law. It was so designed in or
15、der to make the Chinese civil law completely break away from the Soviet fetters. Therefore, tort law rules were not included in this draft. The drafting efforts were again aborted by another round of political movement in 1964.,11,1950-1985: Tort Law Rules in the First Three Drafts of Civil Code of
16、China,3.1979-1982: Tort Law Rules in the Third Draft of Civil Code of China After the end of the Cultural Revolution, China adopted a policy of reform and opening-up to the outside world, and determined to change from planned economy into market economy. Under such circumstances, the roles and funct
17、ions of civil law began to grow. In 1979, the drafting efforts of civil code was resumed. Four drafts of Civil Code, which finds its origin in the 1964 Civil Code of Soviet Russia, were formulated, with the fourth edition in 1982 established its basic framework. It is in this edition of draft that t
18、he civil liability is stipulated independently. The characteristics featuring liability as the center of tort law has been finally established.,12,1950-1985: Tort Law Rules in the First Three Drafts of Civil Code of China,3.1979-1982: Tort Law Rules in the Third Draft of Civil Code of China The four
19、th edition of the third Draft of Civil Code, with over 1,000 articles, was apparently a behemoth compared with other laws in China at that time. In order to guarantee the quality of legistation of China, which was then at its transitional conjuncture, the legislative body decided to, instead of form
20、ulating a catchall version, initiate the drafts for each part.,13,1986-1999: Tort Law Rules in the General Principles of Civil Law of China and Related Interpretations,General Principles of Civil Law of P.R. ChinaAdopted at the 4th Session of the 6th National Peoples Congress, Promulgated by Order N
21、o. 37 of the President of the Peoples Republic of China on April 12, 1986, and effective as of January 1, 1987.It was drafted on the basis of the General Principle part of the fourth edition of the Civil Code in 1982. Tort law rules, which inherited the framework of the 1982 draft, are included in C
22、hapter VI. Civil Liability.,14,1986-1999: Tort Law Rules in the General Principles of Civil Law of China and Related Interpretations,General Principles of Civil Law of P.R. ChinaChapter I Basic PrinciplesChapter II Citizen (Natural Person)Chapter III Legal PersonsChapter IV Civil Juristic Acts and A
23、gencyChapter V Civil RightsChapter VI Civil LiabilityChapter VII Limitation of ActionChapter VIII Application of Law in Civil Relations with ForeignersChapter IX Supplementary Provisions,15,1986-1999: Tort Law Rules in the General Principles of Civil Law of China and Related Interpretations,2.Relate
24、d Interpretations of the Supreme Peoples Court of China1) Opinions of the Supreme Peoples Court on Several Issues concerning the Implementation of the General Principles of the Civil Law of the Peoples Republic of China (For Trial Implementation) (1988) 2) The Explanation of the Supreme Peoples Cour
25、t on Several Issues about the Trial of Cases Concerning the Right of Reputation (1993)3) The Interpretation of the Supreme Peoples Court on Several Issues about the Trial of Cases Concerning the Right of Reputation (1998),16,1986-1999: Tort Law Rules in the General Principles of Civil Law of China a
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