Interpretation highlights trafficking

Courts should facilitate and accept applications for civil compensation from families of human trafficking victims, according to a judicial interpretation that will take effect on Friday.

In recent years, the abduction and trafficking of women and children have attracted widespread attention and public outrage, urging the country to strengthen its fight against such crimes, said the Supreme People's Court, China's top court.

"These offenses not only seriously violate the legitimate rights and interests of the trafficked women and children, but also cause great mental agony and place financial burdens on the victims' families," the top court added.

Considering the amount of time and money the family members have to spend, the judicial interpretation clarifies that their requests for compensation from convicted perpetrators covering reasonable expenses incurred during their search for loved ones should be granted by courts nationwide.

"The clarification is meant to maintain social stability and protect human rights, as well as rectify the inconsistent handling of relevant cases in legal practice," the top court said.

In addition to human trafficking, the 26-article interpretation has also provided answers for some other hot social issues and new problems in civil disputes, including school bullying, juvenile protection, throwing objects from high-rise buildings and injuries caused by aggressive dogs.

Under the interpretation, for instance, if dangerous dogs — which are not allowed to be kept as pets in China — injure others, the owners or breeders should be held civilly liable, regardless of whether the victims are at fault.

The stipulation was made as the number and variety of dogs being raised in the country have continuously increased over the past few years, leading to frequent disputes involving dog-inflicted injuries, especially those caused by fierce dogs, the top court explained.

Last year, a distressing incident occurred in Chongzhou, a county-level city of Chengdu, Sichuan province, in which a 2-year-old child was attacked by a Rottweiler. The incident received massive public attention and led several cities across the country to tighten their dog management policies.

In February, the top court disclosed a few other cases in order to encourage people to abide by the laws and raise their pets in a civilized manner.

In one case, a 7-year-old child surnamed Xu was scratched in the face by an Alaskan Malamute he was playing within a residential area in August 2019. Xu's parents filed a lawsuit against the dog's owner, surnamed Liu, as the two sides had failed to reach an agreement on compensation.

The local court eventually ruled in favor of Xu's family and required Liu to pay over 30,000 yuan ($4,200) in compensation, as dog management regulations in that city clarified that Alaskan Malamutes are classified as large and aggressive dogs that are prohibited from being raised.

When introducing the case to the media in February, Chen Yifang, chief judge from the top court's No 1 Civil Adjudication Tribunal, revealed that more specific rules would be written into a judicial document to help judges resolve such lawsuits more efficiently and unify standards in case handling.

That document was issued by the top court on Thursday, and the judicial interpretation is meant to further ensure the accurate implementation of the Civil Code, the country's fundamental law for regulating civil activities.

Adopted in 2020, it is the first law to be called a "code" since the People's Republic of China was founded in 1949. The Civil Code is considered a milestone legislation in comprehensively advancing the rule of law.