Сравнительный анализ законодательных предпосылок гражданско-правовой ответственности в России и Китае

Abstract

The paper compares the legislative regulation of property liability in the form of compensation for losses in the Russian Federation and in a state with the largest economy, rapid development rates, and a giant population neighboring the Siberian region of our country - China. The logic of historical evolution predetermined a detailed consideration of each other's experience in state building and the implementation of long-term development plans. In the legal field, both legal systems are based on the concept of codified law and are being improved through the adoption of normative acts. The institution of forfeit and recovery of damages for non-fulfillment of obligations, violation of subjective rights, permitted unilateral termination of an agreement in cases specially specified in the rules is contained in the civil codes of Russia and China and has significant conceptual differences. Its comparative analysis has not been carried out in detail for the last 20 years and is the novelty of this study. Its relevance can be determined by the development and complication of economic ties in the Siberian region, which is characterized by an extensive Chinese economic presence. Inevitable disputes and peculiarities of the applicable law, in this case both Russian and foreign, create applied interest in the comparative analysis of not only legislative material, but also judicial and arbitration practice. Knowledge of Chinese approaches is necessary not only in litigation in foreign courts, but also when a dispute is resolved on the basis of Chinese law in domestic jurisdictions or arbitration tribunals. The degree of elaboration of this topic. The timeliness of this study is confirmed by the fact that little attention has been paid in legal science to comparing the concepts of compensation for losses in Russia and China, despite their doctrinal significance, a close connection with the notions of liability, causality, guilt and negligence of creditors. The aim of the study is to develop a theoretical model of legal regulation of relations regarding compensation for damages corresponding to the modern conditions of the market economy of the Russian Federation, which could become a methodological basis for improving the norms and practice of their application, protecting the legitimate interests of participants in these legal relations. The subject of the analysis is the norms that directly regulate the procedure for compensation for losses in Russian and Chinese civil law, as well as materials of domestic and Chinese foreign doctrine on the legal nature of this institution. The research is based on private scientific (special legal, comparative legal, historical) and general scientific (problem-theoretic, teleological and systemic) methods. In the process of studying and understanding specific legal issues, general logical methods were used (abstraction, analysis, synthesis, analogy, generalization, and so on). The author declares no conflicts of interests.