George W. Conk


In 1986, the Sixth National People's Congress enacted the General Principles of Civil Law of the People Republic of China ("1986Code). The 1986 Code is now undergoing comprehensive revision. The Standing Committee of the National Peoples Congress (the national legislature) issued a comprehensive draft revised civil code for discussion on December 17, 2002 "Standing Committee Discussion Draft". Discussion in China of the 2002 Standing Committee Discussion Draft has recently centered on the chapter on property rights. Passed on March 16, 2007, after seven drafts, the property rights chapter has been the source, one can readily understand, of much more controversy than torts is likely to generate. "Chapter 8 - Tort Law" has not yet come up for formal discussion, but tort law has been the subject of much scholarly effort, and at least three alternative drafts of the chapter have been offered by scholars. Much of the exploration of the topic of tort law has taken place through the journal Si Fa (Private Law Review) and other publications of Peking University Press, such as the translation of the collection of essays edited by Gerald Postema, Philosophy and the Law of Torts.