On 30 June, the Supreme People’s Court issued a notice clarifying certain issues relating to the application of the PRC Tort Law which became effective on 1 July, and the convergence of the Tort Law with other relevant legislation.
The notice follows the general principle that “law is not retroactive” and takes the time of the occurrence of an act of tort as the criterion for application of the Tort Law. It stipulates that the Tort Law applies to civil disputes arising from tortious acts that take place after the law comes into effect. Civil disputes arising from acts of tort that took place before the law came into effect will be governed by the legislation in force at that time. However, the notice also sets out exceptions to the principle that “law is not retroactive”. This means that the Tort Law is to apply to civil disputes arising from acts of tort which occurred before the Tort Law took effect but where the consequences of the damage emerged after the implementation of the law.
The notice also clarifies the application of the law to the issues of appraisal of medical malpractice, and living expenses of dependants of victims.
Following the introduction of the PRC Property Law, the Tort Law is another important piece of framework legislation in the Chinese civil law regime. Its promulgation and implementation is of great significance to the protection of the legitimate rights and interests of natural persons and legal persons, and to the clear definition of tortious liability. (See Tort law to take effect in July, for a brief analysis of potential legal risks posed to enterprises by the new Tort Law. Please also see Everyone is fair game for a lawsuit on page 37 in this issue.)
