IDEAS home Printed from https://ideas.repec.org/a/bpj/ajlecn/v8y2016i2p20n2.html
   My bibliography  Save this article

Assessing Personal Injury Liabilities in China from National to Provincial Level: An International Comparative Analysis

Author

Listed:
  • Chan Felix W.H.

    (Faculty of Law, University of Hong Kong, Hong Kong, People’s Republic of China)

  • Chan Wai-Sum

    (School of Business, Chinese University of Hong Kong, Hong Kong, People’s Republic of China)

  • Li Johnny S.H.

    (Fairfax Chair in Risk Management, Department of Statistics and Actuarial Science, University of Waterloo, Waterloo, Ontario, Canada)

Abstract

In a tort-based legal system, when a party is injured as a consequence of another party’s negligence, the party should be provided with sufficient compensation so that he or she may live as fulfilling a life as possible after the injury. The moral objective underlying this supposition is intuitively appealing. It is not surprising, therefore, that this jurisprudential notion is favourably regarded and widely applied in various common law and civilian jurisdictions, despite differences in tradition and culture. Nonetheless, although the two bodies of law share a similar objective in this respect, there are a number of differences in the substantive content of the law and the configuration of the rules. The present authors argue, and provide empirical evidence to support, that there are signs of convergence as both legal systems are in fact applying the same multiplicand-multiplier approach in assessing the quantum of damages. Case studies in mainland China (concerning civil law) and in the United Kingdom and Hong Kong (regarding common law) are adopted as the research methodology to explore the broader implications of this convergence.

Suggested Citation

  • Chan Felix W.H. & Chan Wai-Sum & Li Johnny S.H., 2017. "Assessing Personal Injury Liabilities in China from National to Provincial Level: An International Comparative Analysis," Asian Journal of Law and Economics, De Gruyter, vol. 8(2), pages 1-20, August.
    • Handle: RePEc:bpj:ajlecn:v:8:y:2016:i:2:p:20:n:2
    DOI: 10.1515/ajle-2016-0015
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ajle-2016-0015
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/ajle-2016-0015?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:ajlecn:v:8:y:2016:i:2:p:20:n:2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.