Torts Extend the Long Arm of the Law.docVIP

Torts Extend the Long Arm of the Law 　　The Tort Law of the People’s Republic of China will be formally implemented on July 1, 2010. For the aspirations of the judiciary, the law proves particularly timely. Statistics show that the number of cases relating to ownership or rights infringement is increasing year by year, from over 980,000 in 2007 to 1.03 million in 2008. The Tort Law is also a legal breakthrough in terms of Chinese legislation. It clarifies legal status for situations that used to be vague, ill-defined or neglected, like compensation for mental impairment, unified standards on death compensation, liability for child abuse by caregivers, online hacking or infringement, and for the first time, punitive compensation for losses caused by substandard products. 　　 　　Right Relief Replaces Impunity 　　 　　The year of 2008 saw a tragedy in food safety. Hundreds of infants were found to suffer from kidney stones, some of whom died. The culprit was Sanlu; their powdered infant formula contained the chemical additive melamine. Prior to this outrage, incidents of tainted food had arisen several years previously: Sudan Red, a manufactured dye, was found in chilli powder and duck eggs, the same with large amounts of pesticide residue in leeks, and the feed stuff additive clenbuterol in pork. 　　Why did crimes related to food safety happen again and again despite strict laws and regulations? Legal experts have identified loopholes in existing legal protections. Under the current law, if consumers use a substandard product resulting in physical injury or property damage, the manufacturers or sellers are only required to compensate customers for direct losses. The manufacturers will be charged only if serious damage has occurred and the guilty have had the option to pay a modest fine to the local management bureau. Tian Wenhua, president of Sanlu Group, was subjected to severe legal penalties, but other manufacturers of bad or toxic products escaped judicial reme