Tort Liability Based on Fairness : The Legislative and Judicial Practices in China

By a process of investigations into origin, development and theoretic foundations of the tort liability based on fairness, this book analyzes the myriads of practical cases to offer deep insights into application rules, grounds for defense, compensation scope and the supplementary role of application, and elucidates theoretic restrictions upon its judicial application, aiming to preclude the tort liability based on fairness from being abused judicially, and establishing China's indigenous theoretical system of tort liability based on fairness. Contained under Civil Code are the orientation and rule adjustment of the liability based on fairness, in the light of which this book recommends the provisions for judicial interpretations of related provisions to “the tort liability based on fairness” under the Code, with the hope to lay references for relevant judicial interpretations to be drawn up by people's courts.