Interpretation by the Supreme People's Court of the Application of Book Seven Tort Liability of the Civil Code of the People's Republic of China (I)

Interpretation by the Supreme People's Court of the Application of Book Seven Tort Liability of the Civil Code of the People's Republic of China (I)

Announcement of the Supreme People's Court of the People's Republic of China
The Interpretation by the Supreme People's Court of the Application of Book Seven Tort Liability of the Civil Code of the People's Republic of China (I), as adopted at the 1909th meeting of the Adjudication Committee of the Supreme People's Court on December 18, 2023, is hereby issued, and shall come into force on September 27, 2024.

Supreme People's Court
September 25, 2024

Interpretation by the Supreme People's Court of the Application of Book Seven Tort Liability of the Civil Code of the People's Republic of China (I)
(Adopted at the 1909th meeting of the Adjudication Committee of the Supreme People's Court on December 18, 2023, coming into force on September 27, 2024, SPC Interpretation No. 12 [2024])

This Interpretation is formulated according to the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws and in light of trial practice for the purpose of correctly trying cases involving tort liability disputes.
Article 1 Where a ward is illegally separated from guardianship, and the guardian claims compensation for the reasonable expenses and other property losses incurred in restoring guardianship, the people's court shall uphold the claim.
Article 2 Serious damage to a parent-child or any other close kinship relationship caused by the illegal separation of a ward from guardianship shall be determined as serious mental distress as provided for in paragraph 1 of Article 1183 of the Civil Code.
Article 3 Where a ward is illegally separated from guardianship and dies during the separation from guardianship, and the guardian, as a close relative, claims compensation for both personal injury and losses resulting from the infringement of guardianship, the people's court shall uphold the claim in accordance with the law.
Article 4 Where a person with no or limited capacity for performing civil juristic acts causes damage to another person, and the infringed person requests the guardian to assume the tort liability or combines the requests that the guardian and the person who is delegated to perform the duty of guardianship on the guardian's behalf should assume the tort liability, the people's court shall name the person with no or limited capacity for performing civil juristic acts as a co-defendant.
Article 5 Where a person with no or limited capacity for performing civil juristic acts causes damage to another person, and the infringed person requests that the guardian assume all the liability that the tortfeasor should assume, the people's court shall uphold the request and specify in the judgment that the compensation may first be paid out of the ward's assets, and any deficiency shall be satisfied by the guardian.
If the guardian argues that he or she bear the supplementary liability, or the infringed person or the guardian argues that the people's court should order a person with no or limited capacity for performing civil juristic acts who has assets to bear liability for compensation, the people's court shall reject the argument.
When compensation is paid out of the ward's assets, expenses necessary for the ward's living and completion of compulsory education shall be retained.
Article 6 Where an actor is under 18 years of age when the tortious act occurs, but has attained 18 years of age when being sued, and the infringed person requests that the original guardian assume all the liability that the tortfeasor should assume, the people's court shall uphold the request and specify in the judgment that the compensation may first be paid out of the ward's assets, and any deficiency shall be satisfied by the guardian.
Under the circumstance specified in the preceding paragraph, if the infringed person only sues the actor, the people's court shall make such explanation as to enable the plaintiff to apply for addition of the original guardian as a co-defendant.
Article 7 Where a minor child causes damage to another person, and the infringed person requests that his or her parents jointly assume the tort liability, the people's court shall uphold the request in accordance with paragraph 1 of Article 27, Article 1068, and Article 1188 of the Civil Code.
Article 8 Where, after a husband and wife divorce, their minor child causes damage to another person, and the infringed person requests that the divorced husband and wife jointly assume the tort liability, the people's court shall uphold the request in accordance with Article 1068, Article 1084, and Article 1188 of the Civil Code. If either parent argues that he or she should not assume, or should assume less, liability on the grounds that he or she does not live with the child, the people's court shall reject the argument.
The share of liability between the divorced husband and wife may be determined by agreement between the two parties; or failing that, the people's court may determine it based on their agreement on performance of duty of guardianship and their actual performance. If either parent who actually assumes liability in excess of his or her share of liability claims indemnification against the other parent, the people's court shall uphold the claim.
Article 9 Where a minor child causes damage to another person, a stepparent who has not established a relationship of support and education with the child shall not assume the tort liability of a guardian in accordance with paragraph 2 of Article 1072 of the Civil Code, and the child's biological parents shall bear the tort liability in accordance with Article 8 of this Interpretation.
Article 10 Where a person with no or limited capacity for performing civil juristic acts cause......