Monday, May 16, 2022
Ellen M. Bublick (University of Arizona), China's New Tort Law: The Promise of Reasonable Care, 3 J. Asian-Pacific L. & Pol. (2011):
This paper enters the unfolding dialogue about Chinese and American tort law. The paper addresses some similarities and differences between the written provisions of China's Tort Liability Law and U.S. tort law provisions. It then commends a principle that has become central to American tort law—building a tort system that functions to encourage reasonable care for the physical safety of others. Finally, the paper suggests a way in which American tort law could be improved by considering China's adoption of uniform guidelines for certain issues that do not require individuation—an approach which could reduce litigation costs and increase consistency.