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Tort Law In China
The first Tort Law in China wasn't enacted until 2009, though ideas similar concepts about social obligations and duties can be found in Confucianism upon which Ancient Chinese law was based. History 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.Li (2014), p. 5 However, by the late feudalism period, personal injury or property damage torts were mostly focused on compensations.Li (2014), p. 6 Zhou dynasty 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.Li (2014), p. 4 Qin dynasty The Qin Code made some changes to tort liabilities introducing the concept of subjective faul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confucianism
Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or a way of life, Confucianism developed from what was later called the Hundred Schools of Thought from the teachings of the Chinese philosopher Confucius (551–479 BCE). Confucius considered himself a transmitter of cultural values inherited from the Xia (c. 2070–1600 BCE), Shang (c. 1600–1046 BCE) and Western Zhou dynasties (c. 1046–771 BCE). Confucianism was suppressed during the Legalist and autocratic Qin dynasty (221–206 BCE), but survived. During the Han dynasty (206 BCE–220 CE), Confucian approaches edged out the "proto-Taoist" Huang–Lao as the official ideology, while the emperors mixed both with the realist techniques of Legalism. A Confucian revival began during the Tang dynasty (618–907 CE). In the late Tang, C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qing Code
The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (大清律例), was the legal code of the Qing empire (1644–1912). The code was based on the Ming legal code, the Great Ming Code, which was kept largely intact. Compared to the Ming code which had no more than several hundred statutes and sub-statutes, the Qing code contained 1,907 statutes from over 30 times of revisions between 1644 and 1912. One of the first of these revisions was in 1660, completed by Wei Zhouzuo and Bahana. The Qing code was the last legal code of imperial China. By the end of Qing dynasty, it had been the only legal code enforced in China for nearly 270 years. Even with the fall of imperial Qing in 1912, the Confucian philosophy of social control enshrined in the Qing code remain influential in the German-based system of the Republic of China, and later, the Soviet-based system of the People's Republic of China ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as well as the ''Restatements of the Law'' produced by the American Law Institute (ALI). The United States and the European Union's product ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
No Fault Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imputation (law)
In law, the principle of imputation or attribution underpins the concept that {{lang, la, ignorantia juris non excusat—ignorance of the law does not excuse. All laws are published and available for study in all developed states. The content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently. This fiction tries to negate the unfairness of someone avoiding liability for an act or omission by simply denying knowledge of the law. The principle also arises in specific areas of law, such as criminal law and commercial law, to describe the need for the law to hold a person liable, even when they may not have known the particular circumstances that caused another person to sustain loss or damage. Criminal law Corporate liability To incur liability for a crime, a person must have both committed a prohibited act (the ''actus reus'', which must be willed: see automatism) and have had an appropriate mental element (the ''mens rea'') at the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The Soviet Union
The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the World War II, Second World War—including Mongolian People's Republic, Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and Vietnam. Soviet concept of law Soviet law was rooted in pre-revolutionary Russian Empire, Russian law and Marxism-Leninism. Pre-revolutionary influences included Byzantine law, Yassa, Mongol law, Canon law#Eastern Orthodox Church, Russian Orthodox Canon law, and Western law. Western law was mostly absent until the judicial reform of Alexander II in 1864, five decades before the revolution. Despite this, the supremacy of law and equality before the law were not well-known concepts, the tsar was still not bound by the law, and the "police had unlimited authority." Marxism-Leninism viewed law as a superst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
People's Republic Of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Civil War against the Kuomintang, and, in 1949, Mao Proclamation of the People's Republic of China, proclaimed the establishment of the People's Republic of China. Since then, the CCP has governed China with List of political parties in China, eight smaller parties within its United Front (China), United Front and has sole control over the People's Liberation Army (PLA). Each successive leader of the CCP has added their own theories to the Constitution of the Chinese Communist Party, party's constitution, which outlines the ideological beliefs of the party, collectively referred to as socialism with Chinese characteristics. As of 2022, the CCP has more than 96 million members, making it the List of largest political parties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qing Dynasty
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speaking ethnic group who unified other Jurchen tribes to form a new "Manchu" ethnic identity. The dynasty was officially proclaimed in 1636 in Manchuria (modern-day Northeast China and Outer Manchuria). It seized control of Beijing in 1644, then later expanded its rule over the whole of China proper and Taiwan, and finally expanded into Inner Asia. The dynasty lasted until 1912 when it was overthrown in the Xinhai Revolution. In orthodox Chinese historiography, the Qing dynasty was preceded by the Ming dynasty and succeeded by the Republic of China. The multiethnic Qing dynasty lasted for almost three centuries and assembled the territorial base for modern China. It was the largest imperial dynasty in the history of China and in 1790 the f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
