중국 불법행위법 제정의 현황과 전망

Abstract

Chinese government have selected their national policy as reforming and opening on 1978. Since then, China promotes briskly to reform and maintain the civil legislations. For example, China reformed the general civil provision, guarantee law, contract law and reality of law areas; China is now ready to maintain the tort law area to change and reform the civil code. China still hasn't regulates the tort law up to a recent time; which means China rely only upon general civil provision and private statute interpretation. Thus, when there were illegal acts, there will be occurred several difficulties to protect the injured party, due to poorness of the legislation on the compensation. Chinese government announced the substances of the draft of the tort law on December 23rd, 2008. This essay will introduce the analysis on the draft of the chinese tort law. The draft of the chinese tort law constitutes 12 chapters with 88 articles. Chapter 1 : General provision (§ 1 - § 6) Chapter 2 : Requirement and contents on the tort liability (§ 7 - § 25) Chapter 3 : Exemption and mitigation from liability (§ 26 - § 30) Chapter 4 : Special regulations on the main liability constituent (§ 31 - § 38) Chapter 5 : Product liability (§ 39 - § 45) Chapter 6 : Automobile third party liability (§ 46 - § 52) Chapter 7 : Liability of compensation on the medical mistakes (§ 53 - § 66) Chapter 8 : Liability of compensation on the environmental pollution (§ 67 - § 71) Chapter 9 : Liability on the risk (§ 72 - § 77) Chapter 10: Liability of possessor of animal (§ 78 - § 81) Chapter 11: Liability of possessor, owner of the structure (§ 82 - § 87) Chapter 12: Addenda