Is the Doctrine of Equitable Liability in Chinese Tort Law Equitable?

Ding, Chunyan

Is the Doctrine of Equitable Liability in Chinese Tort Law Equitable?

Ding, Chunyan, "Is the Doctrine of Equitable Liability in Chinese Tort Law Equitable?" (2014) 22(1) Torts Law Journal 56 - 74; City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/029.

20 Pages Posted: 2 Jun 2020 Last revised: 25 Nov 2020

See all articles by Chunyan Ding

Chunyan Ding

City University of Hong Kong - School of Law; City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

Date Written: May 1, 2014

Abstract

The doctrine of equitable liability in Chinese tort law requires the defendant-actor to share the losses of the victims in non-tortious incidents on the grounds of equity. Little is known about how this doctrine has been applied in practice. A case study presented in this article indicates that the excessive and arbitrary application of the doctrine in current judicial practice may result in unfairness and inequity to the defendant-actor as well as to uncertainty and inconsistency in the law. This article proposes that the doctrine of equitable liability should either be abolished, or be strictly and exceptionally applied, in future judicial cases.

Keywords: Doctrine of equitable liability, Distribution of loss, Non-tortious incidents, Tort law, China

JEL Classification: K13

Suggested Citation: Suggested Citation

Ding, Chunyan, Is the Doctrine of Equitable Liability in Chinese Tort Law Equitable? (May 1, 2014). Ding, Chunyan, "Is the Doctrine of Equitable Liability in Chinese Tort Law Equitable?" (2014) 22(1) Torts Law Journal 56 - 74; City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/029. , Available at SSRN: https://ssrn.com/abstract=3590042