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March 26, 2021

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New rules for mental harm cases

China鈥檚 Supreme People鈥檚 Court yesterday introduced a set of new rules on awarding damages for mental anguish in state compensation cases.

The new rules clarify the different types of mental injuries and what constitutes a 鈥渟erious consequence,鈥 which will lead to different levels of compensation.

Mental injuries resulting in serious harm shall result in damages totaling no more than 50 percent of the total personal injury damages. Those suffering especially serious harm may be awarded more than 50 percent.

The new rules do not change the scope of damages for mental anguish as prescribed in state compensation law.


 

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