康奈尔法学院：European Canvas, American Colors, Chinese Spirit——The Making of the Grand Scroll of the Tort Liability Law of China

European Canvas, American Colors, Chinese Spirit The Making of the Grand scroll of the Tort Liability Law of china Zhu Wang 令 April16m, at Cornell Law scho‖ ooemailtozhu@gmail.com .o Visiting Scholar of Clarke Program in East Asian Law and Culture of Cornell Law School .s Ph. D Candidate of Civil and Commercial Law, Law School of Renmin University of China s Grantee of the Fulbright China PhD. Dissertation Research Program

1 European Canvas, American Colors, Chinese Spirit --The Making of the Grand Scroll of the Tort Liability Law of China ❖ Zhu Wang ❖ April 16th, at Cornell Law Scholl ❖ emailtozhu@gmail.com ❖ Visiting Scholar of Clarke Program in East Asian Law and Culture of Cornell Law School. ❖ Ph.D. Candidate of Civil and Commercial Law, Law School of Renmin University of China. ❖ Grantee of the Fulbright China PhD. Dissertation Research Program

Preface: Drafting the Tort liability Law of china in the Golden Age of Torts Law o The past 20 years and the coming de ecade is a golden age of tort law, as U.S, Europe and China, the three major economies in the 21st century, are drafting or restating their new tort law almost simultaneously

2 Preface: Drafting the Tort Liability Law of China in the Golden Age of Torts Law ❖ The past 20 years and the coming decade is a golden age of tort law, as U.S., Europe and China, the three major economies in the 21st century, are drafting or restating their new tort law almost simultaneously

Preface: Drafting the Tort liability Law of china in the Golden Age of Torts Law &s The American Law Institute, Restatement of law, Tort, Third: c& Products Liability. 1991-1998 CR Apportionment of Liability, 1993-2000 c& Liability for Physical and Emotional Harm, 1996-2009 cR Economic Torts and Related Wrongs, 2004-now

3 Preface: Drafting the Tort Liability Law of China in the Golden Age of Torts Law ❖ The American Law Institute , Restatement of Law, Tort, Third: Products Liability, 1991-1998 Apportionment of Liability, 1993-2000 Liability for Physical and Emotional Harm, 1996- 2009 Economic Torts and Related Wrongs, 2004- now

Preface: Drafting the Tort liability Law of china in the Golden Age of Torts Law gs European Centre of Tort and Insurance Law (ectil)& European Group on Tort Law(egtl) published Principles of European Tort Law: Text and Commentary in 2005 o The Study Group on a European Civil Code ( sgecc) published the rule section of Non-Contractual Liability Arising out of Damage Caused to Another in 2006. Its official comment is planned to be published in July 2009 pu

4 Preface: Drafting the Tort Liability Law of China in the Golden Age of Torts Law ❖ European Centre of Tort and Insurance Law (ECTIL) & European Group on Tort Law (EGTL) published Principles of European Tort Law: Text and Commentary in 2005. ❖ The Study Group on a European Civil Code (SGECC) published the rule section of Non-Contractual Liability Arising out of Damage Caused to Another in 2006. Its official comment is planned to be published in July 2009

Preface: Drafting the Tort liability Law of china in the Golden Age of Torts Law &o The Standing Committee of National People's Congress(NPC)of China began its legislative work of Tortious Act Law in 1999 the year when Contract Law of China was promulgated Since the promulgation of the Property Law of China in 2007 the core task of the legislative efforts of Civil Code of china is the Tort Liability Law

5 Preface: Drafting the Tort Liability Law of China in the Golden Age of Torts Law ❖ The Standing Committee of National People's Congress (NPC) of China began its legislative work of Tortious Act Law in 1999, the year when Contract Law of China was promulgated. ❖ Since the promulgation of the Property Law of China in 2007, the core task of the legislative efforts of Civil Code of China is the Tort Liability Law

Modern american colors on A Traditional European Canvas, with Socialist Chinese spirit The Making of the grand scroll of Tort Liability Law of China

6 Modern American Colors, on A Traditional European Canvas, with Socialist Chinese Spirit. The Making of the Grand Scroll of Tort Liability Law of China

A.a Brief introduction to the legal and historical background 8 1. The Legal System of China is Statute Law c& The main body of the legal system of China consists of: c(1The Constitution; and cR(2 )Six Basic Laws: Civil Law, Criminal Law, Administrative Law. Civil Procedure Law. Criminal Procedure Law Administrative Procedure Law and cR ) Other laws concerned about social, economic and environment protection affairs RR Until now. there are 231 laws in force

7 A. A Brief Introduction to the Legal and Historical Background ❖ 1. The Legal System of China is Statute Law The main body of the legal system of China consists of: (1)The Constitution; and (2)Six Basic Laws: Civil 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 affairs. Until now, there are 231 laws in force

A. A Brief Introduction to the Legal and historical background &o1. The Legal system of china cR The Civil Law system of China consists of seven statute laws c(1)General Principles of Civil Law(1986) c()Property Law(2007) cR(3)Contract Law(1999) cR(4)Marriage Law(200 R(5) Succession Law(1985) cR(6)Adoption Law(1991 c(7 Tort Law (to be promulgated in 2010

8 A. A Brief Introduction to the Legal and Historical background ❖ 1. The Legal System of China The Civil Law system of China consists of seven statute laws: (1) General Principles of Civil Law (1986) (2) Property Law (2007) (3) Contract Law (1999) (4) Marriage Law (2001) (5) Succession Law (1985) (6) Adoption Law (1991) (7) Tort Law (to be promulgated in 2010)

a. a Brief introduction of the legal and historical background %o2. Regimes of China in the 20th Century cR Qing Dynasty: 1636-1912 cR Republic of China: 1912-1949 cR People's Republic of China:1949-now

9 A. A Brief Introduction of the Legal and Historical background ❖ 2. Regimes of China in the 20th Century Qing Dynasty: 1636- 1912 Republic of China: 1912 - 1949 People's Republic of China: 1949 - now

B 1908-2008: Four Phases of the legislative Century of tort law of china o1908-1949 Tort Law rules in the drafts of civil code from the Dusk of Qing dynasty to the Dawn of P R China &1950-1985: Tort Law Rules in the first Three drafts of civil Code of china 8s 1986-2002: Tort Law Rules in the General Principles of Civil Law of China and Related Interpretations of the Supreme Peoples Court %2003-now: Tort Liability Law as a Part of the Fourth Draft of Civil Code of china 10

10 B. 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 Qing Dynasty to the Dawn of P. R. China ❖ 1950-1985: Tort Law Rules in the First Three Drafts of Civil Code of China ❖ 1986-2002: Tort Law Rules in the General Principles of Civil Law of China and Related Interpretations of the Supreme People’ s Court ❖ 2003-now: Tort Liability Law as a Part of the Fourth Draft of Civil Code of China