Tort Law In China
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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