Editing Tort (section)

===China===
{{further|Tort Law in China|Civil Code of the People's Republic of China}}

====History====
Civil and criminal law were 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.<ref name=Li5>Li (2014), p. 5</ref> However, by the late [[feudalism]] period, [[personal injury]] and [[property damage]] torts were mostly focused on compensation.<ref name=Li6>Li (2014), p. 6</ref>

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.<ref name=Li4>Li (2014), p. 4</ref> The [[Qin Code]] made some changes to tort liabilities introducing the concept of subjective fault ([[fault liability]]). In a case where one person borrows farm equipment, compensation would be required for damage to the equipment if the damage is caused by the condition of the equipment when it was borrowed.<ref name=Li4/> In addition to fault liability, some defences were developed. A person would not be [[liable]] if public property were damaged by fire or other natural forces outside the person's control. There was no liability for killing livestock, if the livestock was about to hurt someone.<ref name=Li4/>

In contemporary China, however, there are four distinct legal systems in force, none of which are derived from classical Chinese law: Portuguese civil law in Macau, common law in Hong Kong, a German-style civil law system adopted by the Republic of China following Japan's model, and a primarily civil law system in the mainland.

====Republic of China====
In areas administered by the Republic of China,{{efn|The area under the definition consists of:
* [[Geography of Taiwan|Taiwan]] ({{zh|t=台灣}})
* [[Penghu]] ({{zh|t=澎湖}})
* [[Kinmen]] ({{zh|t=金門|p=Jīnmén}})
* [[Matsu Islands]] ({{zh|t=馬祖列島|p=Mǎzǔ Lièdǎo}})
* [[List of islands of Taiwan|Other nearby islands]]}} the legislative basis of tort law is the Civil Code of the Republic of China<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 161</ref> whose legal system was modelled after the Japanese [[Six Codes]] system, which itself was primarily based on the German [[Pandectists|pandectist]] approach to law.<ref>{{Cite web|url=http://www.moj.gov.tw/ct.asp?xItem=25471&CtNode=13792&mp=202|title=Ministry of Justice, R.O.C. (Taiwan)|access-date=4 April 2022|archive-date=17 February 2012|archive-url=https://web.archive.org/web/20120217190839/http://www.moj.gov.tw/ct.asp?xItem=25471&CtNode=13792&mp=202|url-status=dead}}</ref> In general, article 184 provides that a person who "intentionally or negligently" damages another person's rights is required to compensate them for any resulting injury, and provides for [[strict liability]] where such harm is caused by the violation of a statutory provision aimed at protecting members of the community from harm.<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 184</ref> Additionally, tort liability exists for the owner of a defective building or structure where such building or structure causes damage,<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 191</ref> for the driver of an automobile that causes injury,<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 191-2</ref> and for individual's responsible for business activities that posed a risk of harm to the plaintiff.<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 191-3</ref> Tort liability in the Republic of China also extends to the violation of certain non-pecuniary interests under article 195 which provides for reasonable compensation in the case of damage to the body, health, reputation, liberty, credit, privacy, or chastity of another, or to another's personality in a severe way.<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 195</ref>{{efn|A similar cause of action exists under article 193 for plaintiffs to seek compensation for lost capacity to work<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001 Civil Code of the Republic of China] Article 193</ref>}}

====Mainland China====
In 2021, the mainland adopted the [[Civil Code of the People's Republic of China]] (CCPRC), Book Seven of which is titled "Tort Liability" and codifies a variety of torts, providing that an individual "who through his fault infringes upon another person's civil-law rights and interests shall bear tort liability".<ref name=CCPRC7>{{Cite web|url=https://en.wikisource.org/wiki/Civil_Code_of_the_People's_Republic_of_China/Book_Seven#Book_Seven_Tort_Liability|title=Civil Code of the People's Republic of China|first=National People's|last=Congress|via=Wikisource}}</ref> Book Seven outlines seven distinct categories of torts:

* [[Product Liability]] ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_IV_Product_Liability Chapter IV])
* Liability for Motor Vehicle Traffic Accidents ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_V_Liability_for_Motor_Vehicle_Traffic_Accidents Chapter V])
* Liability for [[Medical Malpractice]] ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_VI_Liability_for_Medical_Malpractice Chapter VI])
* Liability for Environmental Pollution and Ecological Damage ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_VII_Liability_for_Environmental_Pollution_and_Ecological_Damage Chapter VII], comparable to [[toxic torts]] in common law jurisdictions)
* Liability for Ultra-hazardous Activities ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_VIII_Liability_for_Ultra-hazardous_Activities Chapter VIII], essentially codifying the [[Ultrahazardous activity|common law doctrine]] of the same name)
* Liability for Damage Caused by Domesticated Animals ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_IX_Liability_for_Damage_Caused_by_Domesticated_Animals Chapter IX])
* Liability for Damage Caused by Buildings and Objects ([https://en.wikisource.org/wiki/Civil_Code_of_the_People%27s_Republic_of_China/Book_Seven#Chapter_X_Liability_for_Damage_Caused_by_Buildings_and_Objects Chapter X])

While Book Seven (titled "Tort Liability") of the [[Civil Code of the People's Republic of China|CCPRC]], which is influenced by a variety of common law and civil law jurisdictions, codifies the torts which exist under the law of Mainland China,<ref name=CCPRC7/> Book One of the CCPRC provides a comprehensive list of remedies for torts in Article 179:<ref name=CCPRC1VIII/>
:　　(1) cessation of the infringement;
:　　(2) removal of the nuisance;
:　　(3) elimination of the danger;
:　　(4) restitution;
:　　(5) restoration;
:　　(6) repair, redoing or replacement;
:　　(7) continuance of performance;
:　　(8) compensation for losses;
:　　(9) payment of liquidated damages;
:　　(10) elimination of adverse effects and rehabilitation of reputation; and
:　　(11) extension of apologies.
These remedies apply to all categories of torts outlined in Book Seven or by any other provision of law. To this end, Book Seven specifically provides that "where a tortious act endangers another person's personal or property safety, the infringed person has the right to request the tortfeasor to bear tort liability such as cessation of the infringement, removal of the nuisance, or elimination of the danger".<ref name=CCPRC7/> Book One additionally provides that [[force majeure]]{{efn|Defined in Article 180 as "objective conditions which are unforeseeable, unavoidable, and insurmountable"}} constitutes a valid defence for tort liability while Article 184 in that book is a [[Good Samaritan law]] eliminating liability under tort law for individuals acting to save or rescue a potential plaintiff.<ref name=CCPRC1VIII/> Article 1176 in Book Seven provides a partial defence where an injury is caused in the course of a sport in which the plaintiff was consensually participating.<ref name=CCPRC7/>