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SPC Publishes Judicial Interpretation on the Part on Tort Liability in the Civil Code (I)

Fri Nov 01 17:02:00 CST 2024 发布人:Editor

On September 26, the Supreme People's Court (SPC) released 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"), effective from September 27, 2024.

The Interpretation consists of 26 articles, all targeting specific issues except Article 26, which specifies the implementation time and effectiveness. It mainly involves: (1) clarifying the tort liability on the unlawful removal of a person under guardianship from their guardian; (2) defining the responsibilities of guardians, the liability on instigating or aiding any torts, and the substantive and procedural rules for the liability of educational institutions; (3) specifying the scope of application for employers' liability and the forms of tort liability in labor dispatch relationships; (4) introducing the application rules for liability in motor vehicle traffic accidents; (5) clarifying that damage caused to a product itself due to defect (i.e., product self-damage) falls under the scope of product liability compensation; (6) clarifying that no liability exemption shall apply in cases where a person is harmed by any prohibited dangerous animals, such as ferocious dogs; and (7) specifying the substantive and procedural rules for liability in cases where harm is caused by any objects thrown or falling from a height.

(Source: Supreme People's Court)