ABSTRACT
Promulgated in 2020 and effective from January 1, 2021, China’s Civil Code replaces the 2009 Tort Liability Law through its Book VII, maintaining much of the prior structure but introducing three significant revisions: a redefined scope of tort liability, an expanded application of punitive damages, and new rules governing cybertorts. The Code primarily limits tort liability to damage compensation and emergency preventive remedies, moving other remedies such as property restitution and reputation restoration to general civil liability provisions. This reclassification has faced criticism for its logical inconsistencies and challenges for unrepresented litigants. Punitive damages are now available for intentional intellectual property violations and severe environmental damage, thereby enhancing private civil litigation’s role in reinforcing public oversight and increasing deterrence. Furthermore, it establishes a three-stage notice-and-counter-notice procedure for internet service providers (ISPs), imposing dual primary and fault-based secondary liability on platforms, while leaving unresolved ambiguities regarding their verification obligations. The Civil Code also showcases a distinct tort law framework consisting of a comprehensive compensation system for pecuniary, non-pecuniary, and punitive damages, a multi-layered imputation system incorporating various liability types, and a multi-tier liability framework. With significant vagueness in statutory language and unresolved doctrinal questions, the future development of Chinese tort law will depend largely on the Supreme People’s Court’s binding judicial interpretations and evolving soft case law to clarify uncertainties and adapt to emerging technological challenges.
Ding, Chunyan, Chinese Tort Law in the Era of the Civil Code (May 31, 2023).
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