Supreme Court clarifies on personal injury case law

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Last updated at: (Beijing Time) Thursday, September 18, 2003

Supreme Court clarifies on personal injury case law

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Hotels, parks and schools will be required to pay for personal injuries if they fail to properly care for the public, a draft judicial interpretation released on the Internet on Monday by the Supreme People's Court says.

The judicial document, which is now open to public comment, also states that volunteers can receive compensation if they are injured during the course of performing voluntary service.

The court released the draft judicial explanation as a specific guideline for Chinese courts to follow in personal injury cases, with the aim of eliminating ambiguity from such cases.

"Such judicial explanations are practical tools for judges and help standardize judicial practices,'' said Yang Lixin, a civil law professor with the Renmin University of China.

Yang added that the draft judicial explanation will also contribute to improving the nation's civil legal system.

Currently, judges are sometimes confused when evaluating compensation for personal injuries because of the absence of a clear standards in such cases.

Disputes over compensation for hotel guests, park visitors, students and volunteers stand out for their difficulty in resolving.

For example, it has long been disputed among legal professionals whether schools should take civil responsibility when minors are injured due to failure among administrators or teachers in performing supervisory or protective functions.

Last year, when an 8-year-old girl fell off her bed at her boarding school, the accident left her paralyzed from the waist down. However, the school and the girl's parents disagreed on how blame should be distributed for the accident. The school refused to pay 2.3 million yuan (US$278,000) in compensation to the parents.The parents have gone to the court seek a resolution.

The draft judicial explanation would resolve such a case by stipulating that schools should take corresponding responsibility for failing to perform proper care for students.

As for hotels, restaurants and other commercial places open to the public, the draft document says victims of personal injury can ask for compensation when such outlets fail to discharge dutiful care within reason. (China Daily)

The Supreme People's Court will revise its draft judicial explanation in reaction to public opinion before the finding becomes official, court officers said.

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