|
CHINA> National
![]() |
|
Damages law tabled for 2nd reading
By Zhu Zhe (China Daily)
Updated: 2008-12-23 07:41
Suppose a piece of glass fell on your head from a building, do you know who to seek compensation from? Or, if your pet dog bites a person, do you know how much to pay for medication?
The answers can be found in a law drafted to ensure that people are compensated for suffering injuries or losses for no fault of theirs and submitted to the National People's Congress (NPC) for its second reading yesterday.
If an object falling from a building injures people and it is difficult to find the culprit, all occupants of the building likely to have been responsible should share the compensation, the draft law says. It clarifies that if a dog bites a person, its owner has to foot the entire medical bill for the victim unless the owner can prove that the person provoked the dog. But even if it is proved that the victim had provoked the animal, the owner could still end up paying the entire medical bill if the dog is not registered. Besides these two provisions, the 88-stipulation draft tort liability law covers compensations for a number of other civil infringements such as harm caused by defective products, traffic and medical accidents, environmental pollution and Internet abuse. "It's a basic (draft) law to protect people's civil rights and ensure that their grievances are redressed. It (the draft) is closely connected to everyone," Li Shishi, deputy director of the NPC law committee, told legislators yesterday. A number of infringement cases have been filed in recent years, but there is no special law to ensure compensation.
Yang Lixin, a professor with the Renmin University of China who helped draft the law, said such a law is urgently needed. The draft tort law was submitted to the NPC Standing Committee for its first reading in 2002 as part of the draft civil law, but the legislature later decided to review it as a separate statute because of its significance and complexity. "The second draft is so different from the first. It's much more complete and scientific," Yang said. He said stipulations on how to decide liabilities in defective products and medical disputes, and environmental pollution cases might receive wide public attention. For example, the draft stipulates that victims can seek compensation for more than their actual losses if a firm continues making a product after knowing that it is defective, Yang said. Only the US has stipulations on "punitive compensation" now, said Yao Hong, director of the civil law office of the NPC Standing Committee's legislative affairs commission. "While drafting the tort law, we learnt a lot from similar laws being practiced by Western countries," she said. A stipulation that allows medical staff to provide emergency medical treatment to serious patients without the authorization of the family is very important, Yang said. Last November, a 22-year-old pregnant woman Li Liyun died of severe pneumonia because her husband Xiao Zhijun refused to sign papers that would have allowed a Beijing hospital to perform a life-saving surgery. Xiao insisted till the last moment that his wife was suffering from nothing more than a simple cold. The incident sparked a nationwide controversy over whether a patient's family members have too much power when it comes to taking decisions on medical treatment. The case is not over yet because Li's parents have filed a lawsuit against the hospital for failing to perform its duty. But Yang was "disappointed" to see that the draft does not spell out standard amounts of compensation for different infringements. "Some details have been cut from the version we experts submitted," Yang said. "An implementation rule is needed after the draft is passed." A draft law usually receives three readings before being passed by legislators, according to the Legislation Law. But Wang Liming, director of the civil law institute of China Law Society, said the draft tort law might need more readings. "Because this law is a fundamental civil law it could need a nod of a full session of the NPC instead of just the NPC Standing Committee," he said. |
|||||
主站蜘蛛池模板: 亚洲精品国产91 | 亚洲视频第一页 | 天天操天天操天天 | 日韩资源在线 | 欧美一级日韩一级 | 在线免费观看一级片 | 黄色片成人 | www.婷婷色 | 男女一级裸片 | a视频在线播放 | 日韩视频在线观看免费 | 青青草影视 | 性高潮久久久久久久 | 黄色三级免费 | 青少年xxxxx性开放hg | 性高潮久久久久久久 | 香港三级网站 | 狠狠干在线观看 | 欧美顶级黄色大片免费 | 波多野结衣亚洲 | 大地资源高清播放在线观看免费 | 日韩欧美亚洲一区二区 | 神马一区二区三区 | 日韩aⅴ片 | 久久精品视频久久 | 在线观看欧美日韩视频 | 99九九视频 | 超碰成人av| 男女激情视频网站 | 亚洲不卡一区二区三区 | 亚洲色网址| 日韩免费观看视频 | 亚洲福利天堂 | 欧美特黄一级 | 日韩在线免费观看视频 | 国产第88页 | 国产精品av在线播放 | 国产成人网 | 久久精品视频1 | 五月婷婷开心 | 麻豆国产精品 |