Social Sciences in China (Chinese Edition)

No.8, 2015

 

On the Construction of a Uniform System of Civil Liability: The “Consequence Model” Based on Liability Integration

(Abstract)

 

Zhang Jiayong

 

The legal construction of a civil liability system differentiates between the “causal model” and the “consequence model.” Provided there are multiple forms of liability, the latter is more compatible with the line of thought represented by consequence-based legal remedies. The consequence model is based on forms of functional liability; different functional liabilities have different constructive logic and general factors. According to the principle of “consistency of remedies and rights,” different bases of liability share the same or similar structural forms, laying a foundation for the propounding of general liability standards. Different bases of liability are manifest as particular forms of the realization of general liability standards. The clarification of the relationship between general liability standards and particular bases of liability can help to restore the functional disposition of alienated bases of liability and achieve integrated effects or unified liabilities for different bases of liability. The integration of liabilities reduces the legitimacy of claim concurrence that runs through existing law and makes possible the legislative abstraction of common liability standards. In the construction of a civil liability system in the Chinese civil code, the assignment of liability in accordance with the consequence model is a feasible means of exploiting the positive value of the “civil liability” set out in the General Principles of the Civil Law.