중국 불법행위법(침권책임법)의 주요 내용과 특징

Abstract

Tort Law of the People's Republic of China which will be enforced July 1, 2010. was passed in December 26, 2009, on 11th National People's Congress. Tort law is consisted of total 12chapter 92articles including supplementary. The law is the last products that Chinese government is scheduled to be promulgate the Civil Law Codification Project by 2010. This is significance in terms of legislative history that civil law system of China unique socialism administration is constructed fundamental frame. Not only this law is originated from the traditions of the continental law system, but also it incorporates the common law experiences, and sometimes it reflects Chinse traditional legal thoughts. Therefore the system and contents of tort law have various characteristics: firstly, Chinese civil law is based on Pandectensystem, however tort law is stood alone from obligation law. secondly, tort law is separated by general provisions and special provisions. third, special provisions include various type of particular tort therefore application area of tort law is extended. fourth, even if limited, tort law bring in punitive damage system. finally, forms of responsibility are very various etc. It is going to monitor closely with use process of this law and unified process of civil code.