China needs "tort reform with Chinese characteristics"

China has been faced with the problem of unsafe products and dangerous construction and environs for many years. The 2008 scandals over the collapse of school buildings following the Sichuan earthquake, lead in toy products, and melamine in milk have brought these issues to the fore.

I recently published a paper on the topic that looked at the development of Chinese tort law prior to these recent scandals. The paper analyzes the new tort laws and regulations issued between 2001 and 2004 and looks at the policy reasons behind their adoption. It then offers several policy recommendations:

- adoption of the Tort Law under consideration by the Chinese legislature,
- increased use of class actions in China,
- increased used of contingency fees for lawyers to help injured parties access justice, and
- renewed commitment for judicial independence by reorganizing the courts to be separate from local governments, looking to the Chinese military as a possible model.

"Tort Reform with Chinese Characteristics: Towards a 'Harmonious Society' in the People's Republic of China" can be accessed from the San Diego International Law Journal, volume 10 number 1, 2008, or on SSRN.