On June 17, 2020, the fourth lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Prof. Zhang Xinbao, editor-in-chief of China Legal Science, professor of law school at people’s university of China, gave the fourth lecture, the theme of which is “Systematic Interpretation of the Subject Matter of Tort Liability Defense”. The lecture was moderated by Prof. Feng Guo, Dean of Wuhan University School of Law.

Prof. Zhang gave an explanation from the “defense of the matter overview” “the general rules in the counter-subject matter” “infringement liability in the defense of the cause” three aspects.

First of all, Prof. Zhang introduced the fundamental issues related to defenses. First, there is no “defensive cause” in the Civil Code, which is embodied in the Civil Code as “the cause of non-responsibility and mitigation of responsibility”. Second, the defences can be divided into two categories, one is related to the legitimacy of the act, the other is related to the intervention of external causes. Third,the relationship between the constituent elements and the subject matter of the defense is compared by Professor Zhang Xinbao's image to the relationship between the net and the door. Fourth, safeguarding legitimate rights and interests and protecting freedom of conduct are the two main functions of tort liability law. The Civil Code adds two kinds of exoneration stakes, self-help behavior, changes the past over-emphasis on the protection of rights and interests and neglects the lack of freedom of expression, which is conducive to the realization of a more precise balance between the two functions.

Next, Professor Zhang Xinbao carefully interpreted the defense in the general rules. The first is non-resistance (article 180). Our country uses the compromise point of view to understand force majeure. Force Majeure is a full defence and may be completely exempt from liability, unless otherwise provided by law. The second is self-defence (article 181). If the actor defends excessively, he should bear appropriate civil liability. And the responsibility for over-defence does not correspond entirely to the damage caused. The third is emergency risk aversion (article 182). Emergency risk aversion means protecting a larger interest at the expense of a smaller interest, and such an act is exonerated because of its legitimacy. Later, Prof. Zhang introduced the “Beneficiary Compensation Rules” (Article 183) and the “Good Man Rules” (Article 184).

Finally, Prof. Zhang combed the defenses in the tort liability compilation. The first is the fault of the infringer (article 1173). Prof. Zhang pointed out that the “fault” in this article was limited to negligence and did not include intent, since article 1174 specifically provided for “intentional”. The second is the victim intentionally (article 1174). The use of the expression “victim” rather than “the infringer” is intended to avoid a legal value evaluation. The third is the conduct of a third person (article 1175). The third person’s behavior is an interventional factor that may be both the cause of the damage and part of the cause of the damage.The fourth is self-risk (article 1176). The Civil Code sets strict conditions for the application of self-imposed risk rules, reflecting the caution of legislators. The fifth is self-help behaviour (article 1177). The object of self-help behavior in our country is limited to the property of others, not including the person’s body. Legislators expressly refuse to include restrictions on the personal freedom of others in this article, reflecting respect for human dignity.

Dean Feng said that Prof. Zhang makes us realize the function and change of the tort liability law. Prof. Meng Qingguo held that Prof. Zhang’s detailed interpretation of the legislative background, legislative disputes and applicable conditions of each defense is very helpful to the audience. Prof. Qin Qianhong considered that the defenses of tort liability needs to be based on article 51 of the Constitution.。

The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.

Edited by Yuan Yuhang & Wu Liuqing