In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have b...In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have brought many disputes.Through combing the current relevant laws and regulations,it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation.This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v.a passenger transport company,and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.展开更多
The development of third party liability system of Internet Service Provider in China has experienced three periods: the starting period,the transitional period and the forming period. As the law formulated in the for...The development of third party liability system of Internet Service Provider in China has experienced three periods: the starting period,the transitional period and the forming period. As the law formulated in the forming period,Tort Law of the PRC has higher legal rank and wider regulation scope than former laws in this field. It balances public and private interests. It establishes unified regulations about third party liability of ISP in the field of basic law related to civil affairs. In application of Article 36 of Tort Law,it should be noticed that this article is liability component,and it defines only one form of infringement liability-contributory infringement. No classification of ISP is presented in this article.展开更多
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot...Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.展开更多
文摘In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have brought many disputes.Through combing the current relevant laws and regulations,it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation.This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v.a passenger transport company,and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.
基金“Research of State Intellectual Property Policy System for Promoting the Construction of IndependentInnovation Capability”( 12&ZD073)-Major project of National Social Science Fund Program
文摘The development of third party liability system of Internet Service Provider in China has experienced three periods: the starting period,the transitional period and the forming period. As the law formulated in the forming period,Tort Law of the PRC has higher legal rank and wider regulation scope than former laws in this field. It balances public and private interests. It establishes unified regulations about third party liability of ISP in the field of basic law related to civil affairs. In application of Article 36 of Tort Law,it should be noticed that this article is liability component,and it defines only one form of infringement liability-contributory infringement. No classification of ISP is presented in this article.
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.
