Author
Mr Bartosz Wiśniewski
Organisation/Institution
Jagiellonian University in Cracow; Chair of Roman Law
Country
POLAND
Panel
Private Law
Title
The reception of Roman law in China on the example of torts
Abstract
The Paper assumes a comprehensive analysis of the Chinese tort law system in the era of codification in the PRC. The development of Roman law and Chinese one took place independently of each other until the beginning of the 20th century. Ius Romanum is a great heritage of private law, present today in numerous norms of civil codes. In the Chinese Empire, however, customary law based on Confucianism was on the agenda. In the 20th century, however, it was subordinated to Marxist ideology, which to this day, according to the Constitution, it is the basis of the system of the PRC. Despite this, the process of transferring the elements of Western legal systems has been started in the People's Republic of China since the breakthrough in 1979. It was based primarily on legacy Roman law in German civil code. The promulgation of the first Civil Code of the PRC in 2020.2021 can be considered as culmination in that legal transfers. The author intends to explain the adopted tort law system in the PRC, which has its own specificity, on which consists of Chinese customary law, Confucian philosophy, and ideology Marxist, elements of the common law system and the adopted norms of ius Romanum. There is therefore a dual concept in the PRC from the perspective of a continental law practitioner might seem difficult to reconcile. In civil law there are references to a system of ethical norms, social rules and rituals. This is evidence that the ancient division into statutory law fa (法) and Confucian norms li (礼) are still relevant. Possible repercussions This state of affairs requires in-depth research and a detailed analysis of each of the above terms is necessary for a correct understanding of obligations, tort law and the entire legal system private.
Biography
Name: Bartosz Wiśniewski Date of birth: 14.04.1993 Affiliation: The Chair of Roman Law at Jagiellonian University on Cracow, Poland. Education: 2016-2017 Studies on The University of Political Science and Law in Beijing (中国政法大学) 2019-Master of Law in The Law Faculty at Jagiellonian University [Master thesis: "The general rules of contract law in the People’s Republic of China from the perspective of Roman law." 2020-2021- L.LM. Program: Master of European and International Law in the China University of Political Science and Law with diploma of Universität Hamburg [Master thesis: The legal aspects of the partnership between China and Russia] 2022- Ph.D. studies in Doctoral School of Social Sciences; Legal Sciences [prepared Ph.D. thesis: Extending tort liability in Chinese law. Comparative legal analysis using the Roman conceptual grid.] Internships/ seminaries/organizations: -Internship in Institute of National Remembrance in Cracow, 2014 -Leader of Independent's Student Union at Jagiellonian University, 2015 -Internship in Ministry of Foreign Affairs; Polish Embassy in Beijing, 2016 Professional experience List in reverse chronological order: -Scientific worker in the Institute of Justice in Warsaw; 2018-2019; preparing the monograph and researches about the institution of family - Participation in seminary Injusticiability on The Economic University in Vienna, 2016 - Participation in seminary Water-Food-Energy Nexus on The Law Faculty of The University of Macerata in Italy, 2017 -Participation in seminary: Water-Food-Energy Security on The Law Faculty of The University of Budapest in Hungary, 2018
