Objective To solve the problem of the incomplete relief model for vaccine damage events in China,multiple models for large-scale vaccine damage events were established based on the cooperation of product liability,com...Objective To solve the problem of the incomplete relief model for vaccine damage events in China,multiple models for large-scale vaccine damage events were established based on the cooperation of product liability,compulsory insurance and rescue funds.Methods Through case analysis and comparative research,the situation of liability sharing and relief of mass tort of vaccines was analyzed.Results and Conclusion At present,China should construct a multi-relief model of vaccine damage from the aspects of tort liability and social relief.In addition,after the construction of the relief system,it is necessary to distinguish between emergency situations and general situations to apply the priority of tort compensation and social relief systems in the specific implementation process.展开更多
As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s Genera...As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.展开更多
文摘Objective To solve the problem of the incomplete relief model for vaccine damage events in China,multiple models for large-scale vaccine damage events were established based on the cooperation of product liability,compulsory insurance and rescue funds.Methods Through case analysis and comparative research,the situation of liability sharing and relief of mass tort of vaccines was analyzed.Results and Conclusion At present,China should construct a multi-relief model of vaccine damage from the aspects of tort liability and social relief.In addition,after the construction of the relief system,it is necessary to distinguish between emergency situations and general situations to apply the priority of tort compensation and social relief systems in the specific implementation process.
文摘As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.