Supreme People's Court Issues Interpretation on the Tort Liability Part in the Civil Code (I)

On 25 September 2024, the Supreme People's Court (the "SPC") of the People’s Republic of China (the “PRC”) promulgated the Interpretation on the Application of the Part on Tort Liability in the Civil Code of the People's Republic of China (I) (the "Interpretation"), which entered into effect on 27 September 2024.

1.      Overview

The Interpretation consists of 26 articles in total. In summary, the Interpretation deals with the following topics:

(1)    Articles 1 to 14 deal with tort liability in relation to guardianship and persons with no or limited capacity for performing civil juristic acts.

These Articles clarify, inter alia, the tort liability for the unlawful removal of a person under guardianship from their guardian. They define the responsibilities of guardians, the liability for instigating or aiding and abetting torts, and substantive and procedural rules for the liability of educational institutions.

(2)    Articles 15 to 18 deal with the tort liability of employers and in labor dispatch relationships and contractor relationships.

(3)    Article 19 clarifies that if a buyer suffers property damage as a result of a product defect, and the buyer seeks compensation from the producer or seller of the product for damage to the defective product itself and to other property, this shall fall under the scope of statutory product liability compensation.

(4)    Articles 20 to 22 deal with tort liability in relation to motor vehicle accidents.

(5)    Article 23 clarifies that no exemption from liability shall apply in cases where a person is harmed by prohibited dangerous animals, such as ferocious dogs.

(6)    Articles 24 and 25 specify the substantive and procedural rules governing liability in cases where harm is caused by objects thrown or falling from buildings.

(7)    Finally, Article 26 of the Interpretation determines the date of entry into effect and clarifies the temporal scope of application of the Interpretation.

The Interpretation directly refers to and deals with relevant stipulations of the Tort Liability Part of the PRC Civil Code. The Interpretation provides more detailed guidance and interpretation on the above matters. 

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