China has strengthened the protection of people involved in lawsuits connected with medical incidents, patent violations, environmental pollution and pet attacks.
In the latest legal reading which went into effect yesterday, the Supreme People's Court switched the burden of proof from the plaintiffs to the defendants in such cases.
The accused will lose their cases if they fail to come up with concrete and substantive proof, holds the new legal reading.
Analysts touted the new interpretation as the latest piece of legal headway in China, focusing more on the rights and interests of average Chinese citizens.
"It facilitates people, particularly those suffering as the result of medical malpractice, in obtaining justice, as it is almost impossible for them to collect enough proof to make their cases in court," said Guo Shoukang, a legal professor from Renmin University of China, in an interview yesterday.
Also benefited are patients who may suffer as a result of botched high-risk operations and those who suffer adverse effects from using defective commercial products, according to the interpretation.
However, opinion is split over the readings' statement allowing plaintiffs to use audio or video clips in court that were recorded without the defendant's consent.
It is the first time for plaintiffs to be allowed to support their cases with such material proof. But the material must be obtained in a legal manner and must not violate defendants' rights.
This is a significant revision of the Supreme People's Court's statement in 1995 barring the use of any such documents as legal proof.
Legal experts siding with the revision said it can facilitate settlement of lawsuits involving the robbery of banks, commercial stores and other public outlets, as they can use evidence recorded on built-in video cameras.
The revision even ignited speculation that it can also help women who want financial compensation in cases of bigamy or adultery.
Already, a woman surnamed Xu in South China's Guangdong Province has tried to test the water.
Xu recorded some private chats between her husband and his mistress several months ago, while shooting a video clip of them engaged in sex.
According to the Guangzhou-based Yangcheng Evening News, Xu said she planned to take advantage of the revision to press for financial compensation.
However, other experts opposed such practices, because they involve the invasion of personal privacy.
The concern comes on the heels of the disturbing news last December that a woman politician in Taiwan Province was secretly videotaped having sex and the tape was put on the Internet.
Tens of thousands of the copies of the erotic VCDs are being distributed around China and neighboring countries and regions, and they have sparked vigorous debate on the invasion of personal privacy.
"If we allow such clips as legal evidence, it will turn the victims who want to use such evidence to make their case into law breakers themselves," said a lawyer who gave his name only as Zhang.
(China Daily April 2, 2002)
