Law of liability of tort of People's Republic of China
(On December 26, 2009 eleventh the Standing Committee of the National People's Congress is dozenth second conference is passed)
The first chapter sets commonly
The first is the legitimate rights and interests that protects civil main body, make clear tort liability, prevent and punish tort behavior, stimulative society harmony is stable, make this way.
The 2nd infraction is civil rights and interests, ought to this law assumes according to tort liability.
This law place weighs civil rights and interests, include life power, healthy advantageous position, full name authority, reputation authority, honorary authority, effigies authority, privacy right, marriage right of own advantageous position, custody authority, the droit, matter that use profit, assure brand is matter right, copyright, patent, special authority of authority, discovery, .
The 3rd authority be havinged by the infringer requests an infringer to assume tort responsibility.
Because the 4th infringer ought to assume administrative responsibility with one behavior or of criminal responsibility, do not affect assume tort responsibility lawfully.
Because be the same as one behavior to ought to assume tort liability and administrative responsibility, criminal responsibility, the infringer's belongings can't pay, assume tort responsibility first.
The 5th other law has special provision additionally to tort liability, its set according to.
Duty of the 2nd stamp is formed and responsibility means
Person of the 6th behavior because other people of fault enroach on is civil rights and interests, ought to assume tort responsibility.
According to legal provision illative behavior person has fault, behavior person is indemonstrable oneself do not have fault, ought to assume tort responsibility.
Person of the 7th behavior damages rights and interests of his people thing, have for the person all right no matter without fault, legal provision ought to assume tort responsibility, its set according to.
Above of the 8th 2 people carries out tort behavior jointly, cause other to damage, ought to assume joint liability. [The main body responsibility of accident of traffic of many the joint liability that $ depositary assumes joint liability, notary organization to assume joint liability, collective infringer to the enroach on that effigies counterpoises, notary organization, collective tort, motor vehicle happening, employ person the joint liability with person of executive tort behavior, organizer and executive tort behavior]
Other of the 9th abet, help carries out tort behavior, ought to assume joint liability with behavior person.
Abet, help does not have person of civil action competence, limitation person of civil action competence carries out tort behavior, ought to assume tort liability; to should not have the person of civil action competence, guardian that confines person of civil action competence to did not use up tutelar responsibility, ought to assume corresponding responsibility.
Above of the 10th 2 people carries out the behavior that endangers security of other person, belongings, among them the behavior that one person perhaps counts a person causes other to damage, can decide specific infringer, assume responsibility; to cannot decide specific infringer by the infringer, behavior person assumes joint liability.
Eleventh 2 people above carries out tort behavior to cause respectively same damage, the tort behavior of everybody enough causes what damage entirely, behavior person assumes joint liability.
Dozenth above carries out a 2 people respectively tort behavior is caused same damage, can determine responsibility size, assume corresponding responsibility; to determine responsibility size hard severally, assume liability to pay compensation on average.
Thirteenth legal provision assumes joint liability, be had to counterpoise by the infringer person of total perhaps joint liability assumes request share responsibility.
Person of the 14th joint liability decides according to respective responsibility size corresponding compensatory amount; determines responsibility size hard, assume liability to pay compensation on average.
Pay the joint liability that exceeds oneself to compensate for amount the person, authority chases after countervail to person of other joint liability.
The 15th kind that assumes tort responsibility basically has:
(One) stop enroach on;
(2) eliminate cloggy;
(3) eliminate dangerous;
(4) return return belongings;
(5) restorable;
(6) compensatory loss;
(7) make an apology;
(8) remove an effect, restore reputation.
Above shoulders the way of tort liability, OK and alone applicable, OK also and amalgamative applicable.
Other of the 16th enroach on causes person to damage, ought to compensate for medical treatment cost, nurse the cost, transportation expenses reasonable charge that is cure and rehabilitation defray, and because of income of reductive of delay one's work. Cause deformity, still ought to compensate for deformity life to assist a cost and disability compensation. Cause death, still ought to compensate for funeral expenses and dead compensation.
The seventeenth causes much person to die because of same tort behavior, can decide dead compensation with same amount.
The 18th is died by the infringer, its are close the relative has authority to request an infringer to assume tort responsibility. Be by the infringer unit, this unit schism, amalgamative, the unit of right of be adopted as heir to one's uncle has authority to request an infringer to assume tort responsibility.
Be died by the infringer, pay to be had to counterpoise by the person of the reasonable charge such as cost of infringer medical treatment, funeral expenses request infringer recoups cost, but the except that the infringer already paid this fee.
Of belongings of other of the 19th enroach on, other perhaps way calculates the market value when belongings loss occurs according to the loss.
Rights and interests of person of other of the 20th enroach on causes belongings losing, compensate for; to be decided hard by the infringer's loss according to the loss that is gotten accordingly by the infringer, the infringer acquires an interest accordingly, the interest that acquires according to its compensates for the interest that; infringer acquires accordingly to decide hard, be negotiated with respect to compensatory amount by infringer and infringer abhorrent, to people court to lodge a complaint, by people court basis actual condition compensates for amount certainly.
Behavior of the 21st tort endangers security of other person, belongings, can be requested by the infringer the infringer is assumed stop enroach on, eliminate it is cloggy, dangerous to eliminate wait for tort liability.
Rights and interests of person of other of the 22nd enroach on, cause what serious spirit injures another person, can be requested by the infringer mental damages.
The 23rd because prevent, check rights and interests of his people thing makes he is damaged by enroach on, assume responsibility by the infringer. The infringer escapes or assume responsibility feebly, by infringer request compensatory, beneficiary beneficiary ought to offer proper compensation.
The 24th victim and travel humanness do not have fault to damaged happening, can according to actual condition, partake by both sides loss.
The 25th is damaged after happening, party can arrange the terms of payment that recoups cost. Talk things over abhorrent, damage is used ought to one-time pay; one-time pay truly inconvenient, can pay in installment, but ought to offer assure accordingly.
The 3rd chapter does not assume responsibility and the condition that ease responsibility
The 26th happening that is opposite to damage by the infringer also has fault, can reduce the infringer's liability.
Because the victim is caused intentionally,the 27th is damaged is, behavior person does not assume responsibility.
Because the 3rd man-made is become,the 28th is damaged is, the 3rd person ought to assume tort responsibility.
The 29th causes other to damage because of force majeure, do not assume responsibility. Law has a regulation additionally, its set according to.
Thirtieth because self-defence is caused,damage, do not assume responsibility. Self-defence exceeds necessary limit, cause not due damage, self-defence person ought to assume proper responsibility.
Thirtieth because of urgent avoid cause nearly damage, assume responsibility by the person that arouses danger affection to happen. If risk is posed by natural reason, urgent avoid danger person does not assume responsibility to perhaps offer proper compensation. Urgent avoid take step nearly undeserved perhaps exceed necessary limit, cause not due damage, urgent avoid danger person ought to assume proper responsibility.
The special provision of the 4th section about responsibility main body
Thirtieth does not have person of civil action competence, limitation 2 times man-made of civil action competence damages into other, assume tort responsibility by guardian. Guardian all goes to those who guard responsibility, can reduce its tort liability.
Have property without person of civil action competence, limitation man-made of civil action competence damages into other, from oneself belongings medium-counts pays compensation fee. Be not worth a part, by guardian compensation.
Person of competence of 3 completely civil action is opposite thirtieth oneself behavior does not have consciousness to perhaps lose control to cause other to damage those who have fault temporarily, ought to assume tort liability; to do not have fault, the economic atmosphere according to behavior person is compensated appropriately to the victim.
Because person of competence of completely civil action is drunk narcotic of wine, abuse is tasted or mental medicines and chemical reagents is opposite oneself behavior does not have consciousness to perhaps lose control to cause other to damage temporarily, ought to assume tort responsibility.
Thirtieth servantchooses a person for a job 4 times because the staff member of the unit carries out working job to cause what other damages, assume tort responsibility by unit of choose and employ persons.
During the service is sent, because the staff member that is sent carries out working job to cause what other damages, assume service of tort liability; to send an unit to have fault by the unit using worker worker that accepts a service to send, assume corresponding additional responsibility.
Thirtieth 5 the service is formed to concern between the individual, because the service causes other to damage,provide service one party, by accept service one party to assume tort responsibility. Because him service is damaged,provide service one party, assume corresponding responsibility according to bilateral and respective fault.
The person that service of 6 networks user, network offers thirtieth uses another person of network enroach on of civil rights and interests, ought to assume tort responsibility.
Network user uses a network to serve executive tort behavior, be adopted to delete by the person that the infringer has authority to inform a network the service is offerred, screen, disconnect the necessary step such as the link. The person that network service is offerred receives announcement hind to take necessary step not in time, to harm enlarge much and this network user assume joint liability.
The person that network service is offerred knows network user uses its network to serve enroach on another person civil rights and interests, did not take necessary step, assume joint liability with this network user.
Thirtieth the public administrative person such as 7 guesthouse, bazaar, bank, station, public place of entertainment or the organizer of activity of of a mass character, all did not guarantee obligation to safety, cause other to damage, ought to assume tort responsibility.
Because the behavior of the 3rd person causes what other damages, assume tort liability; to manage a person by the 3rd person or the organizer did not use up safety to guarantee obligation, assume corresponding additional responsibility.
Thirtieth is in nursery school, school 8 times without person of civil action competence other perhaps education is damaged during orgnaization study, life by person, orgnaization of other perhaps education ought to assume nursery school, school responsibility, but can prove responsibility of education, management, do not assume responsibility.
Thirtieth restricts person of civil action competence 9 times to be in the school other perhaps education is damaged during orgnaization study, life by person, orgnaization of other perhaps education all did not reach the school of responsibility of education, management, ought to assume responsibility.
The 40th perhaps restricts person of civil action competence to be in nursery school, school without person of civil action competence during study of orgnaization of other perhaps education, life, be damaged nursery school, school by the staff person beyond orgnaization of other perhaps education, assume what orgnaization of other perhaps education did not use up nursery school of tort liability; , school to manage obligation by the infringer, assume corresponding additional responsibility.
The 5th chapter product liability
Because of the product existence blemish causes other the 41st to damage, generator ought to assume tort responsibility.
The 42nd because sell person fault makes the product is put in blemish, cause other to damage, the person that sell ought to assume tort responsibility.
The person that sell cannot the generator of demonstrate blemish product also cannot of the supplier of demonstrate blemish product, the person that sell ought to assume tort responsibility.
The 43rd puts those who damage in blemish to cause because of the product, can be requested to compensate for to the generator of the product by the infringer, also can request to compensate for to the sell person of the product.
Product blemish causes by generator, after the person that sell is compensated for, the person that Quan Xiangsheng is produced chases after countervail.
Because sell person fault makes the product is put in blemish, after generator is compensated for, authority chases after countervail to the person that sell.
The 44th because of conveyancer, storage person the fault that waits for the 3rd person makes the product is put in blemish, cause other to damage, after the generator of the product, person that sell is compensated for, authority chases after countervail to the 3rd person.
The 45th endangers security of other person, belongings because of product blemish, be assumed to eliminate by the person that the infringer has authority to request generator, sale it is cloggy, dangerous to eliminate wait for tort liability.
Existence flaw discovers after the 46th product is devoted and current, the generator, person that sell ought to adopt caution, recall in time to wait remedy measure. Not timely take remedial action perhaps remedies measure not do one's best to cause those who damage, ought to assume tort responsibility.
The 47th knows perfectly well product presence blemish to still be produced, sale, cause what others dies or health damages badly, be had to counterpoise by the infringer the castigatory sex compensation with corresponding request.
Responsibility of accident of traffic of motor vehicle of the 6th chapter
Accident of traffic of the 48th motor vehicle happening is caused those who damage, the concerned regulation of law of safety of transportation of according to road assumes liability to pay compensation.
The 49th because rent, use etc everybody of case motor vehicle and when making choose and employ persons is not same person, produce traffic postaccident to attribute responsibility of one party of this motor vehicle, give inside range of limit of liability of motor vehicle compulsory insurance by insurance company compensation. Be not worth a part, by motor vehicle use person assumes everybody of motor vehicle of; of liability to pay compensation to have fault to damaged happening, assume corresponding liability to pay compensation.
Fiftieth had been made over with the means such as buying and selling between party and consign motor vehicle but did not deal with droit move to register, produce traffic postaccident to attribute responsibility of one party of this motor vehicle, give inside range of limit of liability of motor vehicle compulsory insurance by insurance company compensation. Be not worth a part, assume liability to pay compensation by alienee.
Fiftieth one is made over with the means such as buying and selling go all out to install or already was achieved discard as useless standard motor vehicle, produce traffic accident to cause damage, assume joint liability by transferor and alienee.
Fiftieth 2 theft, rob or the motor vehicle of loot produces traffic accident to cause damage, by theft person, rob a person or loot person assumes liability to pay compensation. Insurance company uses in savage of the pay for sb and expect to be repaid later inside range of limit of liability of motor vehicle compulsory insurance, authority chases after countervail to person of traffic accident responsibility.
Fiftieth 3 motor vehicle drive postaccident of person happening traffic escapes, this motor vehicle attends compulsory insurance, give inside range of limit of liability of motor vehicle compulsory insurance by insurance company compensatory; motor vehicle is unidentified or this motor vehicle did not attend compulsory insurance, need pays by infringer person the rescue of casualties, mortuary those who wait for charge, by pay for sb and expect to be repaid later of fund of deliverance of society of road transportation accident. After pay for sb and expect to be repaid later of fund of deliverance of society of road transportation accident, its administration has authority to chase after countervail to person of traffic accident responsibility.
Medical treatment of the 7th chapter damages responsibility
Fiftieth 4 patients are damaged in activity of diagnosis and treatment, medical establishment and its medical personnel have fault, assume liability to pay compensation by medical establishment.
Fiftieth 5 medical personnel ought to show illness and medical treatment measure to the patient in activity of diagnosis and treatment. Need carries out operation, special inspection, special treatment, medical personnel ought to show medical treatment risk in time to the patient, replace the situation such as medical treatment plan, obtain its written agree with; to should not be explain to the patient, ought to explain to close relative of the patient, obtain its written agree.
The money before medical personnel was not used up is compulsory, cause a patient to damage, medical establishment ought to assume liability to pay compensation.
Fiftieth the emergency such as 6 patients because of rescue at death's door, cannot obtain a patient or its are close of relative opinion, via medical establishment controller or the chief approval of accredit, can implement relevant medical treatment measure instantly.
Fiftieth 7 medical personnel did not use up obligation of as corresponding as the medical treatment level at that time diagnosis and treatment in activity of diagnosis and treatment, cause a patient to damage, medical establishment ought to assume liability to pay compensation.
Fiftieth 8 patients have damage, because of one of following scenario, illative medical establishment has fault:
(One) lawbreaking, administrative regulations, regulations and the formulary; with other concerned normative diagnosis and treatment
(2) hide or reject to offer the anamnesis data; that concerns with dispute
(3) forge, distort or data of anamnesis of destroy by melting or burning.
Fiftieth 9 blemish because of drug of medicines and chemical reagents, disinfection, medical apparatus and instruments, perhaps input unqualified blood to cause a patient to damage, the patient is OK to generator or blood offers an orgnaization to request to compensate for, also can request to compensate for to medical establishment. The patient requests to compensate for to medical establishment, after medical establishment is compensated for, have right to the producer that has responsibility or blood offers an orgnaization to chase after countervail.
The 60th patient has damage, because of one of following scenario, medical establishment does not assume liability to pay compensation:
(One) patient or its are close the; of diagnosis and treatment that the relative does not deserve to add up to medical establishment to undertake according with standard of diagnosis and treatment
(2) medical personnel all has gone to; of obligation of reasonable diagnosis and treatment below the emergency such as the patient in rescue at death's door
(3) be confined to the medical treatment level at that time make a diagnosis and give treatment hard.
Before paragraph in the first case, medical establishment and its medical personnel also have fault, ought to assume corresponding liability to pay compensation.
The 61st medical establishment and its medical personnel ought to fill in according to the regulation and appropriate keeps sheet of annals of be in hospital, doctor's advice, examine data of report, operation and anaesthetic record, pathology, nurse the anamnesis data such as charge of record, medical treatment
The patient asks to consult, of the anamnesis data that the money before duplicating provides, medical establishment ought to be offerred.
The 62nd medical establishment and its medical personnel ought to keep secret to the patient's privacy. Divulge patient privacy to perhaps agree to publish its anamnesis material without the patient, cause a patient to damage, ought to assume tort responsibility.
The 63rd medical establishment and its medical personnel must not disobey standard of diagnosis and treatment to carry out needless examination.
The legitimate rights and interests of the 64th medical establishment and its medical personnel suffers law to protect. Violate medical treatment order, of job of obstructive medical personnel, life, ought to assume legal responsibility lawfully.
Environment of the 8th chapter pollutes responsibility
The 65th is damaged because of polluting an environment to cause, the person that pollute ought to assume tort responsibility.
The 66th produces issue because of polluting an environment, the does not assume responsibility to perhaps reduce liability condition that the person that pollute ought to set with respect to law and its behavior and damage between nonexistent causal assume quote responsibility.
The 67th person that two above are polluted pollutes an environment, the person that pollute assumes the size of responsibility, the factor such as the sort according to contaminant, discharge capacity is certain.
The 68th fault pollution environment because of the 3rd person is caused damage, can be requested to compensate for to the person that pollute by the infringer, also can request to compensate for to the 3rd person. After the person that pollute is compensated for, authority chases after countervail to the 3rd person.
Responsibility of danger of height of the 9th chapter
The 69th is engaged in high danger exercise causing other to damage, ought to assume tort responsibility.
The 70th civil nuclear installation produces nuclear accident to cause other to damage, the operator of civil nuclear installation ought to assume tort responsibility, but because of,can proving to damage is the case such as the war or the victim causes intentionally, do not assume responsibility.
The 71st civil aviation implement cause other to damage, civil aviation implement operator ought to assume tort responsibility, but because the victim is caused intentionally,can proving to damage is, do not assume responsibility.
The 72nd is had or use explode combustibly, easily, the high risk substance such as virulent, radioactivity causes other to damage, have a person to perhaps make choose and employ persons ought to assume tort responsibility, but because the victim is intended,can proving to damage is or force majeure causes, do not assume responsibility. Be had to weigh big error to harm happening by the infringer, can reduce the liability that has a person to perhaps use a person.
The 73rd is engaged in headroom, high pressure, underground digging an activity to perhaps use high speed orbit to carry a tool to cause other to damage, operator ought to assume tort responsibility, but because the victim is intended,can proving to damage is or force majeure causes, do not assume responsibility. The happening that is opposite to damage by the infringer is blamable, can reduce the liability of operator.
The 74th loses, abandon high risk substance causes other to damage, assume tort responsibility by everybody. Everybody makes high danger thing what manage by other, by management the person assumes everybody of tort liability; to have fault, with management the person assumes joint liability.
Substance of risk of height of the 75th detinue causes other to damage, assume tort responsibility by detinue person. Person of everybody, management is indemonstrable all arrive to notice obligation highly to preventing other detinue, assume joint liability with detinue person.
The 76th enters area of high danger activity without the license or high risk substance deposits area to be damaged, manage what the person has taken a safety precaution and use up caution obligation, can be reduced or do not assume responsibility.
The 77th assumes high danger responsibility, law sets maximum indemnity norm, its set according to.
The 10th chapter raises an animal to damage responsibility
The 78th raised creature causes other to damage, the animal raises a person to perhaps manage a person to ought to assume tort responsibility, but because perhaps be weighed intentionally by the infringer,can proving to damage is big error is caused, need not be assumed or reduce liability.
The 79th violates administrative regulation, did not adopt a safety precaution to cause other to damage to the animal, the animal raises a person to perhaps manage a person to ought to assume tort responsibility.
The dangerous animal such as the 80th spirited dog that prohibits raising causes other to damage, the animal raises a person to perhaps manage a person to ought to assume tort responsibility.
The animal of the 81st zoo causes other to damage, the zoo ought to assume tort responsibility, but can prove to manage obligation, do not assume responsibility.
The 82nd abandon, animal that escape is in abandon, other is caused to damage during escaping, raise a person to perhaps manage a person to assume tort responsibility by original animal.
The 83rd fault because of the 3rd person causes an animal to cause other to damage, can be raised to the animal by the infringer the person perhaps manages a person to request to compensate for, also can request to compensate for to the 3rd person. After the animal raises a person to perhaps manage a person to compensate for, authority chases after countervail to the 3rd person.
The 84th raises an animal to ought to abide by law, esteem social morals, do not get obstructive other to live.
Eleventh chapter thing damages responsibility
The 85th building, build thing other perhaps facilities reachs his to lay aside content, suspension content happening falls off, fall cause other to damage, person of everybody, management perhaps makes choose and employ persons indemonstrable oneself do not have fault, ought to assume tort responsibility. After person of everybody, management perhaps makes choose and employ persons is compensated for, have other responsibility person, authority chases after countervail to other responsibility person.
The 86th building, build thing collapse of other perhaps facilities causes other to damage, by construction unit and construction unit assume joint liability. After construction unit, construction unit is compensated for, those who have other responsibility person, authority chases after countervail to other responsibility person.
Because of the reason of other responsibility person, building, build thing collapse of other perhaps facilities causes other to damage, assume tort responsibility by other responsibility person.
The 87th article that perhaps falls from the building from article of the chuck in the building causes other to damage, decide specific infringer hard, outside dividing what can prove oneself are not an infringer, by the likelihood the building of do harm to is made choose and employ persons offers compensation.
The 88th piles up content collapse causes other to damage, pile up the person is indemonstrable oneself do not have fault, ought to assume tort responsibility.
The 89th piles up on communal road, dump, involuntary discharge of urine scatters cloggy and current article to cause other to damage, concerned unit or the individual ought to assume tort responsibility.
The 90th breaks off because of forest cause other to damage, the everybody of forest perhaps manages a person indemonstrable oneself do not have fault, ought to assume tort responsibility.
The 91st is in public or establishment of underground of the digging pit on road, reparative installation, indicate apparently without the setting and adopt a safety precaution to cause other to damage, construction person ought to assume tort responsibility.
The establishment below inspection shaft and other places causes other to damage, administrative person is indemonstrable use up administrative responsibility, ought to assume tort responsibility.
Dozenth chapter supplementary articles
This the 92nd law applies since July 1, 2010.
