Tort law to take effect in July

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The PRC Tort Law was adopted at the twelfth session of the Standing Committee of the Eleventh Term of the National People’s Congress on 26 December 2009, and will take effect on 1 July 2010.

The law contains 12 chapters and 92 articles. Chapters 1 to 4 set out some general principles, such as circumstances that do and do not constitute liability, and mitigate liability. Chapters 5 to 11 are devoted to regulating a number of tortious acts including product liability, liability in traffic accidents involving motor vehicles, liability for medical malpractice, liability for environmental pollution, liability for highly hazardous activities, liability for injuries caused by kept animals, and liability for damage caused by physical objects. Chapter 12 contains a supplementary provision on the date of effect of the law.

Scope of protected rights

Article 2 of the law provides a list of civil rights and interests subject to protection, such as personal rights (e.g. the rights to life, health and privacy), property rights (e.g. ownership and security interests) and intellectual property rights (e.g. copyrights and patents). However, it must be noted that this list is not exhaustive as the law covers all personal and property rights and interests.

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