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Top court issues judicial interpretation for safety of people

By CAO YIN | chinadaily.com.cn | Updated: 2024-09-26 14:39

China's top court issued a judicial interpretation on Thursday in response to some public concerns, including human trafficking, juvenile protection and throwing objects from high-rise buildings, as well as to help judges resolve relevant disputes more efficiently.

The 26-article judicial document, which will take effect on Friday, is also to further ensure the accurate implementation of the Civil Code, the country's fundamental law for regulating civil activities and protecting people's civil rights, according to the Supreme People's Court.

In recent years, the abduction and trafficking of women and children has attracted widespread attention among the public. The crimes not only seriously violate the legitimate rights and interests of women and children, but also bring great mental pain and financial burdens to the victims' families, the top court said.

Given that people have to spend lots of time and money searching for their abducted or missing family members, the judicial interpretation clarifies that Chinese courts should support those applying for civil compensation or for reasonable expenses incurred in the search.

When students are harmed in school by people outside, the attackers will bear the primary responsibility, and the education institution that fails to fulfill its management duty also needs to be held accountable, according to the interpretation.

In addition, regarding incidents of dogs wounding people in the past few years, the interpretation has responded to the issue, so as to further regulate the behaviors of dog keeping and ensuring the public security.

Under the document, if dangerous dogs, which are not allowed to be kept as pets, injure others, the owners or breeders should be held liable regardless of whether the victims are at fault.

One city, for example, explicitly forbids breeding Tibetan mastiffs. When such a dog bites a person, regardless of the precautions taken by its breeders and whether the victim teases the dog, the breeder must bear civil liability and pay the compensation.

Since the 2,160-article Civil Code that consists of general provisions and six individual sections was adopted in 2020, the top court's step of formulating its interpretations has never stopped.

The code, regarded as an encyclopedia of social activities and a key legal instrument to protect people's civil rights, is the first law called a "code" since the People's Republic of China was founded in 1949. It is also a milestone legislation in comprehensively advancing the rule of law.

The general provisions of the code clarify basic civil rights, duties and principles, while the six individual sections focus on property, contracts, personality rights, marriage and family, inheritance, and torts.

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