Supreme People's Court, Certain Issues Related to Establishing Liability for Emotional Injury in Civil Tort Cases Interpretation

Promulgated: March 8 2001
Effective: March 10 2001
Interpreting Authority: Supreme People's Court

Main Contents: The Interpretation clarifies the circumstances under which the people's court will hear claims for compensation for emotional injury. Article One lists the individual rights that, when illegally infringed upon, can constitute the basis for a claim by a natural person. These include the rights to life, health, personal safety, name, personal image, reputation, honour and personal freedom. Article 2 states that the court will hear a claim for compensation for emotional injury by a guardian where the person under his or her custody is illegally caused to leave that custody, with the result that the parent-offspring or kinship relationship is seriously compromised. The court will not hear claims for emotional injury by legal persons or organizations (Article 5). Compensation for emotional injury cannot be sought in a case that has previously gone before the court when no claim for compensation for emotional injury was made in that instance (Article 6). Spouses, parents or offspring become plaintiffs when they seek compensation where a natural person has died as the result of tort, or where the deceased person's character or physical remains suffer damage after death. (Article 7). The people's court may reject a claim for compensation for emotional injury when significant injury has not occurred. In such cases, the people's court may order the defendant to cease the injurious action.
Related legislation: PRC, Civil Law General Principles, Apr 12 1986