A long-awaited draft law designed to ensure people get compensation when their civil rights are infringed upon will be submitted to the national legislature for its second review next week, six years after its first reading.
Legislators will also hear reports from the State Council on measures to tackle the current financial crisis at the sixth session of the 11th National People's Congress (NPC) Standing Committee to be held from Monday to Saturday.
The decisions were made yesterday at a meeting of the chairman and the vice-chairpersons of the NPC Standing Committee.
"The draft tort liability law is a basic law to protect people's civil rights and ensure they can get redress if their rights are harmed," the NPC's Law Committee said in a document submitted to the meeting.
The latest draft covers compensation for almost all kinds of civil wrongs, including harm caused by defective products, traffic accidents, medical accidents, environmental pollution, Internet abuse and even harm caused by animals, such as other people's pets, Yang Lixin, a professor with the Renmin University of China who helped draft the law, said.
For example, the draft stipulates that victims can ask for compensation of more than their actual losses if companies continue producing certain products after they know they are defective, he said.
"This stipulation represents major progress.
"If passed, it could be applied for compensation for the victims of the Sanlu baby-formula," Yang said.
According to the Ministry of Health, at least six babies were killed and 290,000 others were made ill by baby food contaminated with melamine, most of which was produced by the Sanlu group.
A central government investigation team found that Sanlu continued producing and selling the food even after it became aware the products were tainted at the start of the year.
Also, stipulations on how to decide liabilities in medical disputes and environmental pollution will also receive wide public attention, Yang said.
The draft tort law was submitted to the national legislature for its first reading in 2002 as part of the draft civil law, but the legislature later decided to review it as a separate law, he said.
"The second draft is totally different to the first. It's more complete and scientific," he said.
Meanwhile, legislators will also hear reports on how the State Council is dealing with the financial crisis, and how it plans to stabilize commodity prices.
A report on the implementation of the country's 11th Five-Year Plan (2006-10), and another on current water pollution will also be submitted to the legislature.
A first reading of the draft arbitration law on rural land contract disputes will also be heard at the session.
(China Daily December 16, 2008)