THE CHANGE AND PRACTICE OF THE FUNCTION OF CHINESE TORT LAW
MIAO CHUNGANG *
Department of Political and Law, North China Electric Power University, Baoding, Hebei, China.
*Author to whom correspondence should be addressed.
Abstract
Changes in the function of tort law should respond to changes in society. In society of agriculture and industry, or society with risks, the functional forms of tort law show big differences. The changes in Chinese society and laws are the same. Before the Civil Code was enacted and promulgated, the single function was considered the mainstream, emphasizing that there would be relief if there was damage. The Civil Code establishes the multi-function theory of tort law from the legislative value and legal system. The law is changing, but the public's psychological perception of the function of tort has stagnated. It has long been believed that relief is the only function. Therefore, in the trial of infringement cases, public opinion and the court often have inconsistencies. This article uses the method of law sociology and case analysis as a means to analyze the judicial practice of tort law before and after the promulgation of the Civil Code in order to play role of the function of tort law.
Keywords: Civil code, infringement, single function, multiple functions, law culture