Chinese Tort Law

Sources and Structure

Chinese tort law is codified in Book VII (Tort Liability) of the Civil Code, effective 1 January 2020. Book VII (Articles 1164–1258) succeeded the Tort Liability Law of 2009 and provides the first comprehensive codification of Chinese private law. Tort liability arises from infringement of civil rights and interests, including personality rights, property rights, and other legally protected interests. The Supreme People’s Court (SPC) issues binding judicial interpretations, including the Interpretation on Compensation for Moral Damage (2021).

General Principle: Article 1165

Article 1165(1) establishes fault-based liability: a person who through fault infringes upon the civil rights of another shall bear tort liability. Fault (过错) comprises intent (故意) and negligence (过失). Article 1165(2) provides for presumption of fault where the law so specifies, shifting the burden of proof to the defendant. Article 1166 provides the basis for strict liability (无过错责任) where the law so provides, applicable to product defects, environmental pollution, and highly hazardous activities.

Joint Torts

Articles 1168–1172 govern joint and several liability (连带责任). Article 1168 requires a common intention (共同故意) for joint commission. Joint dangerous acts (Article 1170) arise where multiple persons engage in conduct endangering safety, one causes harm but the specific tortfeasor is unidentified; all bear joint liability unless they prove their conduct did not cause the harm. Cumulative causation (Article 1171) applies where independent torts are each sufficient to cause the harm. Proportionate liability (Article 1172) applies where each tortfeasor’s conduct is insufficient alone but cumulatively causes the harm.

Product Liability

Articles 1202–1207 establish strict liability for product defects. A manufacturer is strictly liable for harm caused by a defective product; the seller bears liability where the defect is attributable to the seller’s fault or where the manufacturer cannot be identified. Article 1207 provides for punitive damages (惩罚性赔偿) where the manufacturer or seller knowingly continues to produce or sell a defective product causing death or serious health damage.

A product is defective if it poses an unreasonable risk to persons or property, assessed by reference to industry standards, manufacturer specifications, and consumer expectations. The defendant bears the burden of proving grounds for exemption, including that the product was not placed into circulation, the defect did not exist at the time of circulation, or the defect was attributable to compliance with mandatory regulations.

Medical Malpractice Liability

Articles 1218–1228 govern liability for medical damage. Article 1218 requires proof of fault by the medical institution or its personnel. Article 1222 establishes a presumption of fault where the institution violates treatment regulations, conceals or refuses to provide medical records, or falsifies records. Medical institutions are strictly liable for defective medical products (Article 1223). Article 1228 prohibits unnecessary examinations, addressing systemic over-treatment.

Environmental Liability

Articles 1229–1235 establish the polluter-pays principle: a polluter who causes environmental pollution or ecological damage shall bear tort liability. Liability is strict: the victim need not prove fault. The burden of proof shifts to the defendant to establish grounds for exemption (force majeure, war, or intentional conduct of the victim). The defendant also bears the burden of proving the absence of causation (a reversed burden of proof, a distinctive feature of Chinese environmental law).

Article 1232 provides for punitive damages where the polluter intentionally violates the law causing serious consequences. Article 1234 provides for ecological restoration (生态修复): the court may order the tortfeasor to restore the environment or pay the costs of restoration.

Highly Hazardous Activities

Articles 1236–1240 impose strict liability for highly hazardous activities (高度危险活动), including nuclear installations, civil aviation, space activities, high-speed rail, dangerous chemicals, and high-voltage electrical facilities. The operator is strictly liable. Exemption is available only for force majeure, the intentional act of the victim, or (for nuclear and aviation activities) war and insurrection.

Article 1240 provides that where the victim’s gross negligence contributed to the harm, the operator’s liability may be reduced. The provision balances the protection of victims with the operational realities of essential hazardous industries.

Domestic Animals

Articles 1245–1251 govern liability for harm caused by animals. The keeper (饲养人) or manager (管理人) of an animal is strictly liable for harm caused by the animal. The victim’s intentional conduct or gross negligence may reduce or exclude liability for non-dangerous animals but does not exempt liability for dangerous animals kept in violation of regulations.

Article 1249 provides that an abandoned or escaped animal causing harm is the responsibility of its original keeper or manager. Article 1250 provides that a third party’s provocation causing the animal to cause harm results in joint liability of the keeper and the third party.

Buildings and Objects

Articles 1252–1258 impose liability for harm caused by buildings and objects. The owner, user, or manager of a building is liable for collapse if the collapse is attributable to their fault (Article 1252). Liability for objects falling from buildings (高空抛物) is governed by Article 1254: where the specific tortfeasor cannot be identified, potential tortfeasors (other occupants) bear compensatory liability unless they prove they are not the tortfeasor. Property management companies bear supplementary liability if they failed to take necessary safety measures.

Compensation for Personal Injury

Articles 1179–1180 of Book VI (General Part) govern compensation for personal injury. Compensable items include medical expenses, nursing fees, transportation costs, lost income, disability compensation, death compensation, and funeral expenses. Article 1180 eliminates the distinction between urban and rural residents for calculating death and disability compensation, adopting a uniform standard based on the victim’s income or the average income of the locality.

Moral Damage

Article 1183 provides for compensation for moral damage (精神损害赔偿) where a tort infringes a natural person’s personal rights and interests causing serious mental suffering. The SPC Interpretation on Compensation for Moral Damage (2021) expanded the scope to include intentional or grossly negligent infringement of personal information and infringement of the personality rights of deceased persons.

Moral damage is available only in cases of serious harm. The amount is determined by the court considering the defendant’s fault, the means and consequences of the infringement, the defendant’s financial circumstances, and local economic conditions. Awards are modest by international standards.

Principle of Fairness

Article 1186 provides that where neither party is at fault and no strict liability applies, the parties may share liability in accordance with legal provisions and principles of fairness. The provision, revised from the 2009 Tort Liability Law Article 24, emphasises that fairness-based liability must be expressly provided by law, limiting judicial discretion to impose liability on equitable grounds alone.