On March 29, 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) (Draft for Comment) (the "Draft") for public consultation by April 20, 2023.

The Draft intends to clarify a number of issues, including the compensation for property damages and mental distress when the right of guardianship is damaged, the non-property liability of a person with limited capacity for performing civil juristic acts, the assumption of liability by a minor child who commits tortious act against his or her divorced parent, and the form of liability of a guardian or a person executing the duty of guardianship on behalf of guardian. Among others, the Draft stipulates that, where an employee forming labor relationship with an employer and other person performing work task for an employer causes damages to others when carrying out his or her work task and the infringed person requests the employer to assume tort liability in accordance with Paragraph 1 Article 1191, the court shall uphold such request.

(Source: Supreme People's Court)