THE BASES OF LIABILITY IN CHINESE TORT LIABILITY LAW-HISTORICAL AND COMPARATIVE PERSPECTIVES

Chinese tort law was established within Chinese civil law when China adopted the European civil law model at the end of the Qing dynasty. After thirty years of stagnation following the foundation of the People's Republic of China in 1949, Chinese tort law experienced a period of rapid development culminating in the Tort Liability Law of 2009. This new Chinese tort law established a dual-liability basis which includes fault liability and liability without fault under Articles 6 and 7, respectively. Because liability without fault does not expressly point out the liability basis, the author explores the role of strict liability and vicarious liability from a comparative approach. With respect to fault and strict liability, the author further explores liability requirements such as fault, damage, causation and the justification of strict liability. Considering the developing international trends in tort law, Chinese tort law should recognize vicarious liability as an independent liability type.