The PRC Tort Law: a big step forward?

This note critically examines the salient provisions of the Tort Law of the People's Republic of China (PRC Tort Law) that came into force on 1 July 2010. In addition to codifying existing principles of civil liberty, the PRC Tort Law widens the scope of protected rights and interests. It also makes guardians liable for torts committed by persons 'without civil conduct capacity' or 'with limited civil conduct capacity' and introduces concepts of 'product recall' and 'punitive damages' for defective products. Last but not least, the Tort Law reinforces the principle of strict liability for environmental pollution and ultrahazardous activity. It is argued that although such provisions create an optimism about the Tort Law being able to protect people's (human) rights, one should be mindful of limitations posed by the lack of an independent judiciary and the policy of the Chinese government to discourage litigation in sensitive cases.