On 26 Sept. 2024. China’s Supreme People’s Court (SPC) issued the “Interpretation (I) of the SPC on the Application of the Tort Liability Part under the Civil Code of the People’s Republic of China” (最高人民法院关于适用〈中华人民共和国民法典〉侵权责任编的解释（一）, hereinafter the “Interpretation”), which took effect on 27 Sept. 2024.
The Interpretation focuses on pressing issues that have garnered significant social attention and require urgent resolution in judicial practice following the implementation of the Civil Code, such as the abduction and trafficking of children, injuries caused by fierce dogs, and objects being thrown or falling from heights. It aims to unify the standards in the application of law in the field of tort liability.
Highlights of the Interpretation include:
- It clarifies the tort liability for unlawfully removing a ward from his/her guardian, supports compensation for the guardian’s reasonable costs incurred in searching for the ward, and defines the standards for determining serious mental harm. This, together with criminal sanctions, forms a system for punishing unlawful violations of fundamental rights and interests.
- It stipulates that damages caused by dangerous animals, such as prohibited breeds of fierce dogs, do not qualify for exemption from liability.
- It also defines the liability of relevant parties for damages caused by objects thrown or falling from heights.
Contributors: CJO Staff Contributors Team
