| In the fields of public law and social law, statutory obligation of compensation, as a kind of obligatio, has long history. However, academic consensus is far from being reached among civil law scholars when it comes to the question of whether statutory obligation of compensation could be an independent kind of obligatio in private law, just like obligation founded on contract, tort, unjust enrichment, voluntary service, etc. From the perspective of interpretation theory, all the following provisions of Tort Liability Law of the PRC can be considered as establishing statutory obligations of compensation: the second sentence of Article 23, the second sentence Article 31, the second part of Article 33 Paragraph 1 and Article 87, which provide for compensatory obligations; Article 24, which establishes the rule of "loss sharing"; and the first sentence of Article 32 Paragraph 2, which provides that "Where a person without civil conduct capacity or with limited civil conduct capacity, who has property, causes any harm to another person, the compensations shall be paid out of his own property". The obligations provided for in the above provisions, together with the statutory obligations of compensation provided in the General Principles of Civil Law and in the relevant judicial interpretations issued by the Supreme People's Court, constitute an independent kind of obligatio in Chinese civil law. Currently the system of liability insurance is still undeveloped and the social security system is still far from perfect in China. Under these circumstances, the appropriate application of the statutory obligation of compensation could undoubtedly make up for the deficiencies in the tort damages system in China. |
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