Chapter I: General Provisions

???? Article 1: This Law is formulated so as to protect the lawful rights and interests of civil entities, clarify liability for infringement, prevent and sanction infringements, and promote social harmony and stability. Pen "Fun" Pavilion www.biquge.info

???? Article 2: Those who infringe on civil rights and interests shall bear tort liability in accordance with this Law.

???? "Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, the right to use trademarks, the right to discover, equity, and inheritance.

???? Article 3: The infringed party has the right to request that the infringer bear the tort liability.

???? Article 4: Where the infringer shall bear administrative or criminal responsibility for the same conduct, it does not affect the bearing of tort liability in accordance with law.

???? Where tort liability, administrative liability, or criminal liability shall be borne for the same act, and the infringer's property is insufficient to pay, the tort liability shall be borne first.

???? Article 5: Where other laws have other special provisions on tort liability, follow those provisions.

Chapter II: Composition of Responsibility and Methods of Responsibility

???? Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.

???? Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and the perpetrator cannot prove that he is not at fault, he shall bear tort liability.

???? Article 7: Where the law provides that the law provides that the perpetrator shall bear tort liability for harming the civil rights and interests of others, regardless of whether the actor is at fault, follow those provisions.

???? Article 8: Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

???? Article 9: Those who instigate or assist others in committing infringements shall bear joint and several liability with the perpetrators.

???? Those who instigate or assist persons with no or limited capacity for civil conduct to commit tortious acts shall bear tort liability; Where the guardian of the person who lacks or has limited capacity for civil conduct fails to fulfill his guardianship responsibilities, he shall bear corresponding responsibility.

???? Article 10: Where two or more persons carry out conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific infringer can be identified, the infringer bears responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.

???? Article 11: Where two or more persons separately commit tortious acts causing the same harm, and each person's tortious acts are sufficient to cause all the harms, the perpetrators bear joint and several liability.

???? Article 12: Where two or more persons separately commit tortious acts and cause the same harm, and the extent of responsibility can be determined, each bears corresponding responsibility; Where it is difficult to determine the size of the liability, the liability for compensation shall be borne equally.

???? Article 13: Where the law provides for joint and several liability, the infringed party has the right to request that some or all of the persons jointly and severally liable bear responsibility.

???? Article 14: The persons jointly and severally liable shall determine the corresponding amount of compensation according to the size of their respective responsibilities; Where it is difficult to determine the size of the liability, the liability for compensation shall be borne equally.

???? Those who pay more than the amount of their own compensation shall have the right to recover from other jointly and severally liable persons.

???? Article 15 The main ways to bear tort liability are:

???? (1) Cessation of infringement;

???? (2) Removing obstructions;

???? (3) eliminate the danger;

???? (4) Return of property;

???? (5) restitution to the original state;

???? (6) compensate for losses;

???? (7) Apologize;

???? (8) Eliminate the impact and restore reputation.

???? The above methods of bearing tort liability may be applied separately or in combination.

???? Article 16: Where personal injury is caused by infringement of others, compensation shall be made for reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated.

???? Article 17: Where multiple deaths are caused by the same infringement, the same amount of compensation may be used to determine the amount of compensation for death.

???? Article 18: Where the infringed party dies, his close relatives have the right to request that the infringer bear tort liability. If the infringed entity is a unit, and the unit is divided or merged, the unit that inherits the rights has the right to request that the infringer bear the tort liability.

???? In the event of the death of the infringed person, the person who paid the infringed person's medical expenses, funeral expenses and other reasonable expenses has the right to request compensation from the infringer, unless the infringer has already paid such expenses.

???? Article 19: Where the property of others is infringed upon, the property losses are to be calculated according to the market price at the time of the loss or other means.

???? Article 20: Where the personal rights and interests of others are infringed upon and property losses are caused, compensation is to be made in accordance with the losses suffered by the infringed party; Where it is difficult to determine the losses of the infringed party, and the infringer obtains benefits as a result, compensation shall be made in accordance with the benefits obtained; Where it is difficult to determine the benefits obtained by the infringer, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

???? Article 21: Where the tortious conduct endangers the safety of others' persons or property, the infringed party may request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

???? Article 22: Where the personal rights and interests of others are infringed upon, causing serious mental harm to others, the infringed party may request compensation for mental damages.

???? Article 23: Where they cause harm to themselves by preventing or stopping the infringement of others' civil rights and interests, the infringer bears responsibility. Where the infringer escapes or is unable to bear responsibility, and the infringed party requests compensation, the beneficiary shall give appropriate compensation.

???? Article 24: Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, both parties may share the losses on the basis of the actual circumstances.

???? Article 25 After the damage has occurred, the parties may negotiate the method of payment for compensation. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; Where it is truly difficult to make a lump sum payment, it may be paid in installments, but a corresponding guarantee shall be provided.

Chapter III: Circumstances of Failure to Assume Responsibility and Mitigating Responsibility

???? Article 26: Where the infringed party is also at fault for the occurrence of the harm, the infringer's responsibility may be reduced.

???? Article 27: Where the harm is intentionally caused by the victim, the perpetrator is not liable.

???? Article 28: Where the damage is caused by a third party, the third party shall bear tort liability.

???? Article 29 Those who cause damage to others due to force majeure shall not be liable. Where the law provides otherwise, follow those provisions.

???? Article 30: No responsibility is given to those who cause harm as a result of legitimate defense. Where legitimate defense exceeds the necessary limits and causes undue harm, the defender shall bear appropriate responsibility.

???? Article 31: Where damage is caused by emergency evasion, the person who caused the danger shall bear responsibility. If the danger is caused by natural causes, the emergency evacuator is not liable or gives appropriate compensation. Where the measures taken for emergency evacuation are improper or exceed the necessary limit, causing undue damage, the emergency evacuator shall bear appropriate responsibility.

Chapter IV Special Provisions on Responsible Entities

???? Article 32: Where persons who lack or have limited capacity for civil conduct cause harm to others, their guardians bear tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced.

???? Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property. The guardian shall compensate for the shortfall.

???? Article 33: Where a person with full capacity for civil conduct is temporarily unconscious of his own conduct or loses control of his or her own conduct, causing harm to others, he shall bear tort liability; where there is no fault, the victim is to be appropriately compensated on the basis of the perpetrator's economic situation.

???? Where a person with full capacity for civil conduct is temporarily unconscious or out of control of his or her own conduct due to drunkenness or abuse of narcotic drugs or psychotropic substances, causing harm to others, he shall bear tort liability.

???? Article 34 Where the staff of an employer causes harm to others as a result of performing their work tasks, the employer shall bear tort liability.

???? During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.

???? Article 35 Where a labor service relationship is formed between individuals, and the party providing the labor service causes damage to others as a result of the labor service, the party receiving the labor service shall bear tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties.

???? Article 36: Where network users or network service providers use networks to infringe upon the civil rights and interests of others, they shall bear tort liability.

Where network users use network services to commit infringing acts, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, blocking, or disconnecting links. Where network service providers fail to take necessary measures in a timely manner after receiving notice, they are jointly and severally liable for the expanded portion of the harm and the network user.

???? Where network service providers know that network users are using their network services to infringe on the civil rights and interests of others, but fail to take necessary measures, they are jointly and severally liable with the network users.

???? Article 37: Where managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass activities, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.

???? Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities.

???? Article 38: Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear responsibility, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.

???? Article 39: Where persons with limited capacity for civil conduct suffer personal harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear responsibility.

???? Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

Chapter 5 Product Liability

???? Article 41 Where a defective product causes damage to others, the producer shall bear tort liability.

???? Article 42 If the product is defective due to the fault of the seller and causes damage to others, the seller shall bear tort liability.

???? If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall bear tort liability.

???? Article 43: Where damage is caused by defects in the product, the infringed party may request compensation from the producer of the product, or from the seller of the product.

???? If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation.

???? If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

???? Article 44 If a product is defective due to the fault of a third party, such as a transporter or a warehouser, and damages are caused to others, the producer or seller of the product shall have the right to recover compensation from the third party after making compensation.

???? Article 45: Where product defects endanger the safety of others' persons or property, the infringed party has the right to request that the producer or seller bear tort liability such as removing obstructions and eliminating dangers.

???? Article 46 If a product is found to be defective after it is put into circulation, the producer or seller shall promptly take remedial measures such as warning and recall. Where remedial measures are not taken in a timely manner or the remedial measures are ineffective and cause harm, tort liability shall be borne.

???? Article 47: Where a product is clearly produced or sold knowing that it is defective, causing the death or serious harm to the health of others, the infringed party has the right to request corresponding punitive damages.

Chapter VI Liability for Motor Vehicle Traffic Accidents

???? Article 48 Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.

???? Article 49 When the owner and user of a motor vehicle are not the same person due to circumstances such as leasing or borrowing, and a traffic accident occurs that belongs to the responsibility of one of the motor vehicles, the insurance company shall compensate within the limits of the liability of the compulsory insurance for motor vehicles. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

???? Article 50 If a motor vehicle has been transferred and delivered by way of sale or other means between the parties but has not been registered for the transfer of ownership, and the motor vehicle is the responsibility of one party after a traffic accident occurs, the insurance company shall compensate within the limits of the liability of the compulsory insurance for motor vehicles. For the insufficient part, the transferee shall be liable for compensation.

???? Article 51 Where a motor vehicle is assembled or has reached the scrapping standard is transferred by way of sale or sale, and damage is caused by a traffic accident, the transferor and the transferee shall bear joint and several liability.

???? Article 52 Where a traffic accident causes damage to a stolen, robbed, or snatched motor vehicle, the person who stole it, robbed, or snatched it shall bear the responsibility for compensation. If the insurance company pays the rescue expenses within the limit of the compulsory insurance liability of the motor vehicle, it has the right to recover from the person responsible for the traffic accident.

???? Article 53 Where a driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall compensate within the limits of the liability of the compulsory insurance for motor vehicles; Where the motor vehicle is unknown or the motor vehicle has not participated in compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person's personal injury or death, the road traffic accident social assistance fund shall pay in advance. The social assistance fund for road traffic accidents is administered after the advance is made

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