China's Supreme People's Court Addresses Tort Liability Issues

The Supreme People's Court of China has released judicial interpretations to address disputes related to tort-liability issues in the Civil Code. These interpretations cover a range of situations, including child trafficking and abduction, injuries caused by prohibited aggressive dog breeds, and harm caused by objects thrown or falling from heights.

The interpretations strengthen civil sanctions for child trafficking and abduction, as well as other torts that illegally separate wards from their guardians. This includes explicit provisions for compensation to cover the guardians' reasonable expenses incurred while searching for their wards.

In response to the increasing frequency of injuries caused by aggressive dog breeds, the interpretations clarify that dog owners cannot be exempted from liability if their dogs harm others. This means that owners will be held fully responsible regardless of whether the victim was at fault.

The interpretations also address liability for falling objects, specifying that the specific tortfeasor is primarily responsible, while property management companies that fail to take necessary safety measures bear secondary liability.

These judicial interpretations will take effect on Friday, October 27, 2023. They aim to clarify responsibilities, settle disputes that have drawn widespread public attention, address new situations encountered in trial practice, and resolve disagreements requiring urgent action.