Title: Is the doctrine of equitable liability in Chinese tort law equitable
Abstract:The doctrine of equitable liability in Chinese tort law requires the defendant-actor to share the losses of the victims in non-tortious incidents on the grounds of equity. Little is known about how th...The doctrine of equitable liability in Chinese tort law requires the defendant-actor to share the losses of the victims in non-tortious incidents on the grounds of equity. Little is known about how this doctrine has been applied in practice. A case study presented in this article indicates that the excessive and arbitrary application of the doctrine in current judicial practice may result in unfairness and inequity to the defendant-actor as well as to uncertainty and inconsistency in the law. This article proposes that the doctrine of equitable liability should either be abolished, or be strictly and exceptionally applied, in future judicial cases.Read More
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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