Civil Liability Compensation Interpretation and Related Legal Case Manuals - (Volume 1 and 2)

Author: Tang Huade
Publisher:
Publish Date: 2006-07-01
Features: Personal injury compensation cases hold a prominent position in the judicial practice of People's Courts. The People's Republic of China General Principles of Civil Law and the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law of the People's Republic of China (Trial) provide the basic legal basis for the People's Courts to adjudicate personal injury compensation cases. In recent years, with the development of China's economy and society, personal injury compensation cases have undergone significant changes in both type and quantity, bringing many new situations and issues to judicial practice. Existing regulations can no longer meet the urgent needs of current judicial practice. Therefore, the Supreme People's Court, after several years of effort, drafted the judicial interpretation for adjudicating personal injury compensation cases based on the long-term practical experience of China in handling such cases, as well as by drawing on advanced legislation and case law theories both domestically and internationally. On December 4, 2003, the 1299th meeting of the Supreme People's Court's Judicial Committee approved the draft, and on December 29, 2003, the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Adjudicating Personal Injury Compensation Cases was promulgated and implemented from May 1, 2004. This judicial interpretation primarily addresses urgent issues in the judicial practice of personal injury compensation cases, such as the constitution of joint torts, the safety assurance obligations of operators, the responsibilities of schools and other educational institutions, employer liability, the relationship between industrial injury compensation and civil damage compensation, periodic payment compensation, etc., and unifies the scope and standards of personal injury compensation. The issuance of this interpretation is of great significance for strengthening judicial protection of personal rights, further enhancing the awareness of respect and safeguarding rights in the whole society. It resolves the long-standing issue in judicial practice where there was no unified regulation on the scope and standards of personal injury compensation, which was unfavorable to the People's Courts in adjudicating such cases legally, fairly, and promptly. At the same time, this judicial interpretation actively explores several theoretical issues in the field of tort damage compensation, providing valuable experience for the drafting of the Civil Code.
To accurately understand the original intent of the draft of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Adjudicating Personal Injury Compensation Cases and to apply it correctly in judicial practice, relevant comrades from the Supreme People's Court, the legal practice community, and the theoretical circles have written this series of Practical Series on Judicial Interpretation of Personal Injury Compensation. This series not only accurately and comprehensively expresses the spirit of the judicial interpretation but also systematically reflects the content of China's legal norms on personal injury compensation. The Judicial Interpretation on Personal Injury Compensation and Related Legal Case Handbook is one of the books in this series. It takes the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Adjudicating Personal Injury Compensation Cases as the main thread, comprehensively compiles China's legal system on personal injury compensation, and is divided into 13 parts: General Category, Judicial Appraisal of Personal Injury, Tort Liability for Official Duty, Product Tort Liability, Tort Liability for Highly Dangerous Activities, Tort Liability for Environmental Pollution, Tort Liability for Ground Construction, Construction Tort Liability, Tort Liability for Animal Injuries, Tort Liability for Traffic Accidents, Tort Liability for Medical Malpractice, Tort Liability for Industrial Accidents, and Compensation for Damages Caused by Minors. Each part includes a guide to facilitate understanding and application.