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China's Lawmakers Advance Rule of Law to Improve People's Livelihoods
Posted: March-13-2010Adjust font size:

  In China's ongoing session of the National People's Congress, how to improve people's livelihoods has become an issue of great concern. Lawmakers agree that in recent years, China has developed rule of law by initiating new measures to improve people's livelihoods.

  China has experienced a significant increase in the number of tort-related cases in recent years. Relevant protection provisions are scattered throughout more than 40 different pieces of legislation, but there is not one single piece of legislation that consolidates the basic principles underlying a tort law.

  China's lawmakers began drafting a comprehensive tort liability law in 2002. After nine years of revision, the Tort Law was approved by China's top legislature at the end of last year. Experts say this law, which will take effect this July, serves as part of the Civil Code in China. Here's Cao Yisun, a professor from China University of Political Science and Law.

  "The announcement of the Tort Law means the completion of the main part of the Civil Code. The completion of the Civil Code means the integrity of jurisdiction, which helps promote the establishment of China's socialist legal system."

  The 92-provision law covers liabilities for a range of circumstances, including traffic accidents, mental distress, work-related injuries, pollution, harm caused by other people's pets and medical accidents. Cao Yisun uses "unnecessary exams" in the medical field as an example.

  "In the past, there's no such law to regulate medical institutions and medical professionals who carry out unnecessary exams or other procedures in violation of clinical norms. But under Tort Law, this will lead to tortious liability."

  Cao also indicates that the Tort Law is of equal importance with another civil rights law, the Property Law, which took effect in 2007. It is the first law to cover individual assets other than the Constitution of China. Property owners hope this law can protect their rights when arguments with the property companies arise.

  "Sometimes the arguments may cause me trouble. But under the Property Law, I know how to protect my own rights."

  "I think the Property Law is closely linked to our everyday lives. Our personal property is under the same protection as the public property."

  Besides Tort Law and Property Law, other laws that aim to improve people's livelihoods have been made over the past years such as the Labor Contract Law and Compulsory Education Law. All are within China's legal framework of civil rights protection, reflecting a people-oriented society.

  But Li Lin, director of the Law Academy of the Chinese Academy of Social Sciences says there's still much to be done concerning the legislation process, thus further improving people's livelihoods.

  "Firstly, the legislation process should involve more people and allow them to voice their opinions. The National People's Congress's lawmaking process should include not only deputies, but also common people. Secondly, from the legislature's point of view, the process should be more transparent. Thirdly, the content of law should pay particular attention to the rights of people and more civil laws should be made."


Source: CRIENGLISH.comEditor: oulin
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