| The difference between the tort liability under Chinese civil law and the damage compensation for tort under German civil law doesn’t lie in the different protection levels. The concept of “damage compensation” is in the broad sense under German law and in the narrow sense under Chinese law. The eight methods of tort liabilities listed by § 134 of the General Principles of the Civil Law of China are either the concrete contents of restoration or the compensation in value, which belong to the broad sense of damage compensation. The difference between the tort liability under Chinese law and the damage compensation for tort under German law is also not the difference of “double tasks” and “single task”. The General Principles of the Civil Law of China provides not only the establishment requirements for various kinds of torts, but also the concrete methods of tort liabilities, while German Civil Code, in addition to establish whether the damage compensation is tenable, also faces the problems of ascertaining the methods and scope of compensation. However, it is entirely different between the General Principle of the Civil Law of China and the German Civil Code on how to ascertain the methods of tort liabilities or damage compensation. The former rests only on enumeration, and provides neither the internal logical interrelations of various methods nor the general principle of their applications, so it can only list the methods of tort liabilities according to different kinds of torts, which is in the same way as those specific provisions under the Criminal Law of China. German Civil Code adopts the separation model, first dealing with the problem of whether claim for tort damages is tenable through prescribing the establishment requirements of different kinds of torts under § 823ff., and then solving the problems of how to compensate through prescribing the contents and scope of damages under § 249ff. According to the experience of German law, there exist certain logical interrelations between different methods of tort liabilities and there are some rules of their applications. In order to deal with the methods and scope of tort liabilities systematically, the Chinese civil law should on the one hand ascertain the priority order between the restoration and compensation in value, and on the other hand establish the principle of overall compensation, so that the scope of tort liabilities lies only on the extent of damage. |
京公网安备11010102006664号 京ICP备2023015853号