Case builds against once-lauded liability law

When China's Tort Liability Law took effect on July 1, it caused a brief period of excitement among lawyers and nervousness among companies. The law has given mainlanders expanded protection against defective products and enabled them to seek punitive damages against the companies.

Lawyers and media have hailed the law as a significant development in the mainland's legal framework, which also better gauges social behaviour.

Mainlanders may also sue for damages after medical accidents, road accidents, harm from pollution, mental distress and violations of privacy or damaged reputation on the internet, as well as injuries from objects thrown from high-rise buildings.

Five months have passed, and few developments have emanated from the law, let alone a surge in claims. As the Supreme People's Court has yet to release detailed guidance, such as how to calculate punitive damages, local courts have long complained about the difficulties of implementing the law.

That is truly unfortunate. Mainland leaders must realise that allowing people to sue for significant punitive or psychological damages against money-driven and morally bankrupt companies could be an effective way to defuse social tension, promote social harmony and provide a safety valve.

Unfortunately and bizarrely officials, while drafting laws like the tort law to build up its legal framework and the rule of law, have prevented mainlanders from seeking justice through the courts.