Under Chinese law, legal liability is imposed on an individual or entity for their unlawful acts and includes specific obligations such as damages, specific performance, or fines.
Chinese law provides clear and specific guidelines for liability, which are imposed by the courts and justice agencies pursuant to their congressional mandates; no other organization is authorized to impose legal liability.
Chinese Jurisprudence
Liability is a crucial concept in jurisprudence and plays a pivotal role in China’s legal system as it ensures the performance of legal obligations, while also remedying violations of such obligations. In addition to being fundamental to law, liability is central to the rule-based social order. In the view of Chinese jurists, there is tension in the law where jurisprudence is highly abstract while imposed liability is specific, . Jurisprudence should be the methodological foundation for analyzing concrete legal issues. Hence, they hold, that it is crucial to explore liability from the perspective of jurisprudence. Chinese theorists broadly believe liability arises from specific legal facts that give rise to specific obligations. From the Marxist viewpoint, liability exists based on human reason and free will and is emergent in economics in game theory phenomena. Liability is a powerful instrument for governments to remedy illegal acts, protect legal rights, and maintain legal order.
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