Author

Zhang Xinbao, Wu Yuzhang Senior Distinguished Chair Professor, Renmin University of China Law School; Research Fellow, Civil and Commercial Law Science Research Center, Renmin University of China

Abstract

The Tort Liability Book of the Civil Code embodies distinct Chinese characteristics and achieves significant legislative innovation.Its typical legislative innovations are prominently reflected in the following aspects: establishing tort liability as an independent book, setting a special chapter titled ‘Special Provisions on Assumption of Liability’, adding assumption of risk and self-help as defenses, refining the legal framework for cyber tort liability, stipulating corresponding supplementary liabilities, expanding the scope of application of punitive damages, and revising the provision on ‘equitable liability’ and the provision on liability for damages caused by objects thrown or falling from height.With the enactment and revision of relevant laws, administrative regulations, departmental rules, and judicial interpretations, as well as the release of guiding cases and typical cases, the Tort Liability Book of the Civil Code has been continuously developing in its implementation and improving in practice, and the superiority of its institution has gradually become apparent.Guided by Xi Jinping Thought on the Rule of Law, we should fully and thoroughly implement the spirit and specific provisions of the Tort Liability Book of the Civil Code, strengthen civil legislation connected with the Tort Liability Book, address the controversial issues arising in the implementation of the Tort Liability Book, and promote the advancement of China’s tort liability system and judicial practice with the times.

Keywords：Civil Code;the tort liability book;special provisions on liable subjects；liability for internet infringement；punitive damages