Notice of the Supreme People's Court on Certain Issues concerning the Application of the Tort Law of China

 2018-08-13  178


· Document Number:Notice of the Supreme People’s Court on Certain Issues concerning the Application of the Tort Law of the People’s Republic of China

· Area of Law: Civil Law

· Level of Authority: Documents of Judicial Interpretation Nature

· Date issued:06-30-2010

· Effective Date:06-30-2010

· Issuing Authority: Supreme People's Court

· Status: Effective

 

Notice of the Supreme People's Court on Certain Issues concerning the Application of the Tort Law of China
(No. 23 [2010] of the Supreme People's Court)
The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
The Tort Law of the People's Republic of China (hereinafter referred as to the Tort Law) is coming into force as of July 1, 2010. In order to correctly apply the Tort Law, we hereby notify you of the relevant issues as follows:
I. Civil dispute cases arising from torts occurring after the Tort Law comes into force shall be governed by the provisions of the Tort Law. Civil dispute cases arising from torts occurring before the Tort Law comes into force shall be governed by the legal provisions effective at the time of occurrence.
II. A civil dispute case, in which the tort occurs before the Tort Law comes into force but the damage did not appear until the Tort law has become effective, shall be governed by the provisions of the Tort Law.
III. Where the people's court applies the Tort Law in the hearing of a civil dispute and decides, upon the request of a party concerned or upon its own discretion, to make a judicial authentication on the medical malpractice, the authentication shall be arranged under the Decision of the Standing Committee of the National People's Congress on the Administration of Judicial Authentication and the Provisions on the Administration of Judicial Authentication Made upon Entrustment of the People's Courts as well as the provisions of the relevant departments of the state.
IV. Where the people's court applies the Tort Law in the hearing of a civil dispute and a victim has a person in need of support or upbringing, under Article 28 of the Interpretations of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury, the living expenses for a person in need of support and upbringing shall be counted into the compensation for disability or the compensation for death.
The people's courts at all levels are required to timely report other major issues encountered in the application process of the Tort Law level by level to this Court.
Supreme People's Court of the People's Republic of China
June 30, 2010