The Chinese People's Supreme Court recently issued clarifications as to what constitutes moral damage in civil tort claims. The Interpretations of Issues Concerning Identifying Moral Damages in Civil Torts was issued by the Supreme Court on March 1, 2001. Moral damage claims, much like libel or slander claims, can take many forms. The Supreme Court has clarified that in the event the right of personality (such as life, health, body, name, portrait, fame, honor, dignity and/or freedom) is encroached, the victim shall have the right to file a petition for compensation based on a claim of moral damage.
This Supreme Court's clarification is not only interesting, it is far-reaching - extending all the way to the hereafter. Close relatives of a deceased person also have the right to file suit for compensation based on moral damage. In those instances, one of the following must occur: 1) the name, portrait, fame and honor of the dead was encroached by way of insult, defamation, belittling and/or tarnishing of image; 2) illegally disclosing the privacy of the dead; 3) illegally using and spoiling the body of the dead.