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继《物权法》出台之后,侵权责任法就成为当代中国民事法律体系构建中重要的立法任务之一。据悉,全国人大常委会法制工作委员会已经将侵权法列入立法日程。司法实践中,由于《民法通则》、数个民事特别法、多部行政法规以及最高法院司法解释同时对侵权责任法律问题进行规制,法官适用法律中存在不统一的现象。为了引发对侵权责任的进一步思考,本期特别策划依托2008年6月在苏州举办的“侵权法改革国际论坛”。选取了其中具有代表性的文章,并请专家对论坛做出了综述。
Following the introduction of the Property Law, Tort Liability Law has become one of the important legislative tasks in the construction of the civil legal system in contemporary China. It is reported that the Legislative Affairs Commission of the NPC Standing Committee has included the tort law in the legislative agenda. In judicial practice, due to the “General Principles of Civil Law”, several civil special laws, a number of administrative laws and regulations as well as the judicial interpretation of the Supreme Court, the law of tort liability is also regulated at the same time. There is a nonuniform phenomenon in the applicable law of judges. In order to trigger further thinking on the liability for infringement, this special planning relies on the “International Forum on the Reform of Torts” held in Suzhou in June 2008. Selected the representative articles, and invited experts to make a summary of the forum.