China: NPC adopts new tort code

The National People's Congress, after the fourth reading, adopted the Tort Law chapter of the revised civil code, Xinhua news Service announces:

The 92-provision law covers liabilities for a range of circumstances, including traffic accidents, medical accidents, work-related injuries, pollution, harm caused by other people's pets and mental distress.

It also covers infringements of personal rights, such as name, reputation, portrait and privacy.

The law, with equal importance with another civil rights law, the Property Law, was endorsed by the National People's Congress (NPC) Standing Committee. It takes effect next July.

The first draft was issued by the NPC in December 2002. The document, though more modest in scope, had a gestation period quite like that of the current (3rd) Restatement of the Law: Torts.

I have translated the first two drafts. Changes in the 3rd draft (tabled in October) and the 4th (final) draft are modest. Links to my work can be found HERE. The complete text (in Chinese) can be found HERE.

China: NPC begins 4th and final? reading of draft tort code

China's legislature, the National People's Congress, after a month-long period of open public comment in November, has resumed consideration of the draft tort code. It appears there may be some amendments, as the account below suggests. But I have not seen the current draft, described here as the 4th. [I have translated the first and second drafts. Those [and the 3rd draft in Chinese) are available HERE]

China.org.cn reports:

China has more than 40 laws involving tort liabilities, making it difficult to work out a tort law to coordinate all provisions," said lawmaker Ren Maodong.

The NPC Standing Committee sought public opinions on the law through its website from Nov. 5 to Dec. 5, and received 3,468 submissions. Most were positive and urged an early introduction.

However, the draft has been revised following a string of controversial personal rights infringement cases.

On June 27, a 13-floor building collapsed at the Lotus Riverside residential complex in Shanghai, killing a worker. An investigation later blamed the developer, construction company, supervisors and safety inspectors for the accident.

The amendment was then revised for the fourth time for deliberation on whether developers and construction companies should take joint liability for the safety of their buildings.

Last year, Sanlu Group, the dairy company based in Hebei's provincial capital Shijiazhuang, was found to have adulterated its infant formula milk powder with melamine, an industrial chemical, leaving at least six infants dead and about 300,000 others suffering kidney and other problems.

The draft then covered compensation for harm from defective products. It stipulated that victims, especially those who died or whose health was seriously damaged, could seek "punitive compensation" higher than their actual losses, if companies knowingly produced or sold defective products.

Companies that failed to warn customers, recall defective products or take other effective measures to remedy damage, could face civil actions.

In response to medical disputes, the fourth draft version reiterated medical staff should not conduct "unnecessary tests" on patients against clinical criteria despite recommendations to delete this provision because it was too hard to define "unnecessary".

Compensation for mental distress has also been covered, but only those whose life or health were seriously damaged would be entitled to compensation. These include cases in which victims eventually die, are crippled or experience serious psychological damage.

images: NPC in session, Lotus Riverside complex, Shanghai

China: Third Tort Law Draft Published for Comment

The National People's Congress has published and is now accepting public comments on the draft tort law - a chapter in China's Civil Code. This, the third official discussion draft, will soon be taken up by the NPC. It is a statement of basic parameters - not an operational statute like the State Compensation Law or the Product Quality Laws.

The new draft can be found HERE (in Chinese). Comments on Greenlawblog are HERE.

My translation, with Wang Zhu, of the second draft was prepared for the ALI-Renmin University conference in July 2009. It is available on SSRN: Tort Liability Law of the People's Republic of China (2d official discussion draft December 21, 2008), as is my translation of the first draft and introductory essay, which appeared in the Fordham International Law Journal:

A New Tort Code Emerges in China: An Introduction to the Discussion and a Translation of Chapter 8 - Tort Law of the Official Discussion Draft of the Proposed Revised Civil Code.