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Professor Sun Xianzhong Submits Opinions on the Revision of the Draft Title on Tort Law in the Chinese Civil Code

The (Draft) Title on Tort Law, which is an important part of the Chinese Civil Code, was deliberated by the Standing Committee of the National People’s Congress in October 2018. Recently, Professor Sun Xianzhong, a research fellow at CASS Law Institute, a deputy to the National People’s Congress, and a member of the Constitution and Law Committee of the National People’s Congress, submitted to the National People’s Congress a Written Opinions on the (Draft) Title on Tort Law. The Opinions contains four concrete proposals, including: first, this Title must first of all clearly define the rights and interests to be protected by the law; second, the phrase “the medical level at that time” in Article 996 and Article 998 should be replaced with the phrase “the relevant qualifications of the hospital”; Article 1030 (on tort liability for damages caused by objects falling from high buildings) should be deleted from the Title; and fourth, the phrase “digging a hole in a public place or a road” in Article 1034 should be changed to “digging in a public place or a road”.