China tort law set to further guard individual rights

China’s newly-implemented tort law, the country’s first special law on liability in this area, is intended to further safeguard individuals’ personal and property rights and better gauge social behaviour. The Tort Liability Law, which took effect on 1 July, provides that people may sue for damages following medical accidents, road accidents, harm from pollution, mental distress and violations of privacy or reputation on the internet, as well as injuries from objects thrown from high-rise buildings. The tort law, approved in December 2009, has been seen as one of the key laws within China’s legal framework of civil rights protection.

China jails American geologist for selling state oil secrets

Xue Feng, an American geologist, was sentenced to eight years in prison by the Beijing No 1 Intermediate People’s Court after being convicted of violating the state secrets law by selling a database on the country’s oil industry. Xue was also fined RMB200,000 (US$29,550) by the court at a hearing that was attended by US Ambassador to China, Jon Huntsman. In April, China passed legal changes aimed at making people, companies and organisations more responsible for protecting state secrets.

One in five paper mills infringe environmental laws

According to a report by the Ministry of Environmental Protection, about 20% of the paper mills in China have been found to infringe environmental protection laws. The ministry inspected 461 paper companies across 53 cities nationwide and also found that 312
factories were discharging pollutants that exceeded stipulated standards. The ministry urged all companies that broke the laws to adjust their production process and pay fines, or they will face closure.

Former official executed by lethal injection

Wen Qiang, the former top justice official in the southwestern city of Chongqing, was executed on 7 July for corruption. Wen served as the city’s deputy police chief from 1992 to 2008 and later as the justice chief until he was arrested in September 2009. The Municipal High People’s Court on 21 May rejected an appeal by Wen, who was sentenced to death by a lower court on April 14 for accepting bribes, shielding criminal gangs, rape and failing to account for both his cash and assets. The death sentence was forwarded to the Supreme People’s Court and approved.

Chinese judges told to better handle social disputes

China’s president of the Supreme People’s Court, Wang Shengjun, has asked judges nationwide to strengthen efforts and be more innovative in order to resolve social disputes. Wang made the remark during his four-day inspection tour into the justice system in eastern China’s Zhejiang Province. Wang told judges to become more skilled in solving disputes through mediation. He also urged courts to carry out mediation in cooperation with other social organisations such as neighborhood committees in the communities, trade unions and women’s federations.

Personal protection decrees introduced in more courts

Personal protection decrees have been made available for victims of domestic violence in 20 local courts in Southwest China’s Chongqing municipality and 21 courts in Northwest China’s Shaanxi province. Courts in Chongqing and Shaanxi are the latest to provide such protection to plaintiffs before and throughout the trial process. Jiangsu and Hunan provinces adopted such measures in 2008. According to Chongqing courts, plaintiffs of lawsuits involving marriage, custody rights, inheritance rights and human rights can apply for the decree 15 days before and six months after the trial. The duration of a protection decree is from 15 days to a year. The definition of domestic violence has also been broadened, from physical and verbal abuse to sexual violence, mental torture and economic control.