Tort law at China
Tort law in the People's Republic of China is primarily governed by the Tort Liability Law, enacted on July 1, 2010, and subsequently integrated into the Civil Code of the People's Republic of China, which came into effect on January 1, 2021. These legal frameworks delineate the rights and obligations concerning civil wrongs, encompassing personal injury, property damage, and other infringements of civil rights.
📜 Legal Foundations
Tort Liability Law (2010): This was China's first comprehensive tort law, comprising 12 chapters and 92 articles. It addressed various aspects of tort law, including general provisions, liability for medical malpractice, environmental pollution, product liability, and more .
Civil Code (2021): The Civil Code consolidated and updated the Tort Liability Law, providing a more structured and modern approach to tort law. It is divided into seven books, with Book 7 specifically dedicated to Tort Liability, covering general rules, damages, subjects of liability, product liability, motor vehicle accident liability, medical damages, environmental pollution and ecological damages, and more .
⚖️ Key Provisions
1. General Provisions
Article 1: The law aims to protect the legitimate rights and interests of parties in civil law relationships, clarify tort liability, prevent and punish tortious conduct, and promote social harmony and stability.
Article 2: Those who infringe upon civil rights and interests shall be subject to tort liability according to this law. Civil rights and interests include the right to life, health, name, reputation, honor, self-image, privacy, marital autonomy, guardianship, ownership, usufruct, security interest, copyright, patent right, exclusive right to use a trademark, right to discovery, equities, right of succession, and other personal and property rights and interests .
2. Specific Types of Torts
Product Liability: Manufacturers and sellers are liable for harm caused by defective products. Punitive damages may be awarded if the defect is known and the product is sold or used, leading to serious injury or death .
Medical Malpractice: Medical institutions and professionals are obligated not to carry out unnecessary exams or procedures in violation of clinical norms. Victims of medical malpractice have the right to seek compensation .
Environmental Pollution: Polluters are strictly liable for damages caused by environmental pollution. The burden of proof lies with the polluter to prove exemption or mitigation of liability .
Motor Vehicle Accidents: Liability for damages resulting from motor vehicle accidents is clearly defined, with provisions for compensation based on fault and other factors.
Liability for Domesticated Animals: Keepers or managers of domesticated animals are liable for damages caused by their animals unless they can prove that the victim deliberately or negligently incurred the damage .
Liability for Objects Falling from Buildings: If damage is caused by an object thrown or falling from a building, and the infringing party is difficult to identify, the user of the building may be held liable unless they can prove they were not at fault .
3. Damages and Liability
Compensation for Losses: Victims are entitled to compensation for actual losses, including medical expenses, lost wages, and other direct costs.
Punitive Damages: In cases of intentional infringement, such as malicious intellectual property violations, punitive damages may be awarded to deter wrongful conduct .
Employer Liability: Employers may bear tortious liability for damages caused by employees during the course of their work, with provisions for recourse against employees in cases of intentional misconduct or gross negligence .
🏛️ Judicial System
Tort cases in China are adjudicated by the People's Courts, which are structured hierarchically:
Basic People's Courts: Handle civil cases at the local level.
Intermediate People's Courts: Deal with appeals and more complex cases.
High People's Courts: Serve as appellate courts for cases from lower courts.
Supreme People's Court: The highest judicial authority, providing final rulings and interpretations of the law.
The judicial system operates under the guidance of the Supreme People's Court, which issues interpretations and guidelines to ensure uniform application of the law .
📚 Summary
China's tort law, encapsulated in the Tort Liability Law and the Civil Code, provides a comprehensive framework for addressing civil wrongs. It encompasses a wide range of torts, from product liability to environmental pollution, and establishes clear guidelines for liability and compensation. The legal system aims to protect civil rights and interests, promote social harmony, and ensure justice through a structured judicial process.
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