Article 2 Whoever infringes upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 3 The infringed party has the right to request the infringer to bear the tort liability.
Article 4 Where an infringer should bear administrative or criminal responsibility for the same act, it shall not affect the tort liability according to law.
If the property of the infringer is insufficient to pay for the same act, the infringer shall bear the tort liability first.
Article 5 Where other laws have special provisions on tort liability, such provisions shall prevail. Article 6 Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
Article 7 Where an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.
Article 8 Where two or more persons jointly infringe upon rights and cause damage to others, they shall be jointly and severally liable.
Article 9 Whoever instigates or helps others to commit tort shall be jointly and severally liable with the perpetrator.
Whoever instigates or helps a person with no capacity for civil conduct or a person with limited capacity for civil conduct to commit tort shall bear tort liability; If the guardian of a person with no capacity for civil conduct or a person with limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding responsibilities.
Article 10 If two or more persons commit acts that endanger the personal and property safety of others, and the acts of more than one person cause damage to others, and the specific infringer can be identified, the infringer shall bear the responsibility; If the specific infringer cannot be determined, the actor shall bear joint and several liability.
Article 11 If two or more persons commit torts separately, causing the same damage, and the torts of each person are enough to cause all damage, the tortfeasors shall bear joint and several liability.
Article 12 Where two or more persons commit infringement separately, causing the same damage, and the responsibility can be determined, each person shall bear corresponding responsibilities; If it is difficult to determine the size of the liability, it shall bear the same liability for compensation.
Article 13 Where joint and several liability is stipulated by law, the infringed party has the right to request some or all of the joint and several liable persons to bear the liability.
Article 14 The jointly and severally liable persons shall determine the corresponding compensation amount according to their respective responsibilities; If it is difficult to determine the size of the liability, it shall bear the same liability for compensation.
A jointly and severally liable person who pays more than his own compensation has the right to recover from other jointly and severally liable persons.
Fifteenth ways to bear tort liability are:
(1) Stop the infringement.
(2) Remove obstacles
(3) eliminate the danger
(4) Return property
5] Restore to the original state.
(6) Compensation for losses
(7) apologize
(eight) to eliminate the influence and restore the reputation.
The above tort liability methods can be applied separately or in combination.
Article 16 Compensation for personal injury If personal injury is caused by infringement on others, it shall compensate the reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses and transportation expenses, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Article 17 If the amount of death compensation is the same, and the same tort causes multiple deaths, the same amount of death compensation may be determined.
Article 18 the determination of the claimant in the event of the death of the infringer or the merger or division. If the infringer dies, his close relatives have the right to request the infringer to bear tort liability. Where the infringed party is a unit, and the unit is divided or merged, the right-bearing unit has the right to request the infringer to bear tort liability.
If the infringed dies, the person who paid the reasonable expenses such as medical expenses and funeral expenses of the infringed has the right to claim compensation from the infringed, unless the infringed has paid the expenses.
Article 19 If the calculation of property loss infringes on the property of others, the property loss shall be calculated according to the market price at the time of the loss or by other means.
Article 20 Compensation for property losses caused by infringement of personal rights and interests. If property losses are caused by infringement of other people's personal rights and interests, compensation shall be made according to the losses suffered by the infringed. The loss of the infringer is difficult to determine, and if the infringer gains benefits from it, he shall be compensated according to the benefits obtained; It is difficult to determine the benefits obtained by the infringer, and if the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
Article 21 If an infringement endangers the personal and property safety of others, the infringed may request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Twenty-second violations of the personal rights and interests of others, causing serious mental damage to others, the infringed may request compensation for mental damage.
Article 23 The infringer shall bear the responsibility for preventing or stopping others from infringing upon civil rights and interests. If the infringer escapes or is unable to bear the responsibility, and the infringed party requests compensation, the beneficiary shall give appropriate compensation.
Article 24 If neither the victim nor the actor is at fault for the occurrence of the damage, they may share the loss according to the actual situation.
Twenty-fifth after the damage occurs, the parties may negotiate the payment method of compensation fees. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid in installments, but the corresponding guarantee shall be provided. Article 26 If the infringer is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.
Article 27 If the damage is intentionally caused by the victim, the actor shall not be liable.
Article 28 If the damage is caused by a third party, the third party shall bear the tort liability.
Article 29 If damage is caused to others due to force majeure, it shall not be liable. Where there are other provisions in the law, those provisions shall prevail.
Thirtieth damage caused by justifiable defense, shall not be liable. If justifiable defense exceeds the necessary limit and causes undue damage, the justifiable defender shall bear corresponding responsibilities.
Thirty-first damage caused by emergency avoidance, the person who caused the danger shall bear the responsibility. If the danger is caused by natural reasons, the emergency evader shall not bear the responsibility or give appropriate compensation. If the measures taken for emergency hedging are improper or exceed the necessary limits, causing undue damage, the emergency hedging person shall bear corresponding responsibilities. Article 32 If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced.
If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part shall be compensated by the guardian.
Article 33 If a person with full capacity for civil conduct is temporarily unconscious or unable to control his own behavior, causing damage to others and being at fault, he shall bear tort liability; If there is no fault, the victim shall be properly compensated according to the economic situation of the actor.
If a person with full capacity for civil conduct temporarily loses consciousness or loses control of his behavior due to drunkenness or abuse of narcotic drugs or psychotropic drugs, he shall bear tort liability.
Article 34 Any employee of an employing unit who causes damage to others due to the performance of work tasks shall bear tort liability.
During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities.
Article 35 If a labor relationship is formed between individuals, and the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear the tort liability. If the party providing labor services suffers personal injury, it shall bear corresponding responsibilities according to the respective faults of both parties.
Thirty-sixth network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear the tort liability.
If a network user uses the network service to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the enlarged part of the damage.
If the network service provider knows that the network users use their network services to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall bear joint liability with the network users.
Thirty-seventh hotels, shopping malls, banks, stations, entertainment venues and other public places managers or organizers of mass activities, failed to fulfill their security obligations, causing damage to others, should bear tort liability.
If the behavior of a third party causes damage to others, the third party shall bear the tort liability; If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.
Article 38 If a person without capacity for civil conduct suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the responsibility, but if he can prove that he has fulfilled his educational management duties, he shall not bear the responsibility.
Article 39 If a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to fulfill its educational management responsibilities, he shall bear the responsibility.
Article 40 If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury from a person other than a kindergarten, school or other educational institution during his study and life, the infringer shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Article 41 Where a product has defects that cause damage to others, the producer shall bear the tort liability.
Article 42 If the product is defective due to the fault of the seller, causing damage to others, the seller shall bear the tort liability.
If the seller cannot specify the producer or supplier of the defective product, he shall bear the tort liability.
Article 43 Where damage is caused by defects in products, the infringed may claim compensation from the producers or sellers of the products.
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 carrier or a warehouse, and damages are caused to others, the producer or seller of the product shall have the right to claim compensation from the third party after making compensation.
Article 45 Where a product defect endangers the personal and property safety of others, the infringed party has the right to require the producer or seller to bear the tort liability such as removing the obstruction and eliminating the danger.
Article 46 If defects are found in products after they are put into circulation, producers and sellers shall take timely remedial measures such as warning and recall. If remedial measures are not taken in time or ineffective remedial measures cause damage, they shall bear tort liability.
Article 47 Where a product is produced and sold knowing that it is defective, causing death or serious health damage to others, the infringed party has the right to demand corresponding punitive damages. Forty-eighth motor vehicle traffic accidents caused damage, in accordance with the relevant provisions of the road traffic safety law, bear the liability for compensation.
Article 49 If the owner and user of a motor vehicle are not the same person due to leasing or lending, and one party of the motor vehicle is liable after a traffic accident, the insurance company shall make compensation within the liability limit of compulsory motor vehicle insurance. For the insufficient part, the motor vehicle user shall be liable for compensation; If the owner of a motor vehicle is at fault for the damage, he shall bear the corresponding liability for compensation.
Article 50 If a motor vehicle has been transferred and delivered between the parties by way of sale, but the ownership transfer registration has not been completed, and it is the responsibility of the motor vehicle party after a traffic accident, the insurance company shall make compensation within the limit of motor vehicle compulsory insurance liability, and the transferee shall bear the liability for compensation for the insufficient part.
Article 51 If a motor vehicle that has been assembled or reached the scrapping standard is transferred by way of sale, and a traffic accident causes damage, the transferor and the transferee shall bear joint liability.
Article 52 If a traffic accident is caused by stealing, robbing or robbing a motor vehicle, the thief, robber or looter shall be liable for compensation. If an insurance company advances the rescue expenses within the liability limit of compulsory motor vehicle insurance, it has the right to recover from the person responsible for the traffic accident.
Article 53 If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall make compensation within the liability limit of compulsory insurance for motor vehicles; If the motor vehicle is unknown or the motor vehicle does not participate in compulsory insurance, and it is necessary to pay the rescue and funeral expenses of the infringed person's personal injury or death, it shall be paid in advance by the social assistance fund for road traffic accidents. After the social assistance fund for road traffic accidents is advanced, its management institution has the right to recover from the person responsible for traffic accidents. Fifty-fourth patients in the diagnosis and treatment activities, medical institutions and their medical staff are at fault, medical institutions shall be liable for compensation.
Article 55 Medical personnel shall explain the illness and medical measures to patients in medical activities. If surgery, special examination and special treatment are needed, the medical staff shall promptly explain the medical risks and alternative medical programs to the patients and obtain their written consent; If it is not appropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their written consent.
Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.
Article 56 If the opinions of patients or their close relatives cannot be obtained due to emergency situations such as rescuing dying patients, corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.
Article 57 If medical personnel fail to perform medical obligations corresponding to the medical level at that time in medical activities, thus causing damage to patients, medical institutions shall be liable for compensation.
Article 58 If a patient suffers damage due to one of the following circumstances, it is presumed that the medical institution is at fault:
(a) in violation of laws, administrative regulations, rules and other relevant medical norms.
(two) concealing or refusing to provide medical records related to the dispute.
(3) Forging, tampering with or destroying medical records.
Article 59 If a patient is damaged due to defects in drugs, disinfectants and medical devices or unqualified blood input, the patient may claim compensation from the producer, blood provider or medical institution. If a patient requests compensation from a medical institution, the medical institution shall have the right to recover from the responsible producer or blood provider after compensation.
Article 60 Medical institutions shall not be liable for compensation if any of the following circumstances causes damage to patients:
(a) patients or their close relatives do not cooperate with medical institutions to meet the diagnosis and treatment standards.
(2) Medical personnel have fulfilled the obligation of reasonable diagnosis and treatment in emergency situations such as rescuing dying patients.
(3) Due to the medical level at that time, it was difficult to make diagnosis and treatment.
In the first case of the preceding paragraph, medical institutions and their medical personnel are also at fault, and shall bear corresponding liability for compensation.
Article 61 Medical institutions and their medical staff shall fill in and properly keep medical records such as inpatient medical records, doctor's orders, inspection reports, operation and anesthesia records, pathological data, nursing records, medical expenses, etc.
If the patient requests to consult and copy the medical records specified in the preceding paragraph, the medical institution shall provide them.
Article 62 Medical institutions and their medical staff shall keep patients' privacy. Anyone who divulges the patient's privacy or discloses his medical records without the patient's consent and causes damage to the patient shall bear tort liability.
Sixty-third medical institutions and their medical personnel shall not violate the norms of diagnosis and treatment to carry out unnecessary examinations.
Article 64 The legitimate rights and interests of medical institutions and their medical personnel are protected by law. Those who interfere with medical order and hinder the work and life of medical personnel shall bear legal responsibilities according to law. Article 65 If damage is caused by environmental pollution, the polluter shall bear the tort liability.
Article 66 In the event of a dispute arising from environmental pollution, the polluter shall bear the burden of proof under the circumstances that the liability is not assumed or mitigated according to the law, and there is no causal relationship between the act and the damage.
Article 67 Where two or more polluters pollute the environment, the responsibilities of each polluter shall be determined according to the types of pollutants, emissions and other factors.
Article 68 If environmental pollution is caused by the fault of a third party, the infringed may claim compensation from the polluter or the third party. After compensation, the polluter has the right to claim compensation from a third party. Article 69 Whoever engages in highly dangerous operations and causes damage to others shall bear tort liability.
Article 70 If a nuclear accident at a civil nuclear facility causes damage to others, the operator of the civil nuclear facility shall bear tort liability, but he shall not be liable if he can prove that the damage was caused by war or the victim intentionally.
Article 71 Where a civil aircraft causes damage to others, the operator of the civil aircraft shall bear the tort liability, but he shall not be liable if he can prove that the damage was intentionally caused by the victim.
Article 72 If the possession or use of highly dangerous articles such as inflammable, explosive, toxic or radioactive causes damage to others, the holder or user shall bear the tort liability, but he shall not be liable if he can prove that the damage was caused by the victim's intention or force majeure. If the infringer is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced.
Article 73 If an operator engages in high altitude, high pressure and underground excavation activities or uses high-speed rail transportation to cause damage to others, he shall bear tort liability, but he shall not be liable if he can prove that the damage was caused by the victim's intention or force majeure. If the infringer is at fault for the occurrence of the damage, the liability of the operator may be reduced.
Article 74 If the loss or abandonment of highly dangerous goods causes damage to others, the owner shall bear the tort liability. If the owner entrusts the management of highly dangerous goods to others, the manager shall bear the tort liability; If the owner is at fault, he shall be jointly and severally liable with the manager.
Article 75 If the illegal possession of highly dangerous substances causes damage to others, the illegal holder shall bear the tort liability. If the owner or manager cannot prove that he has done his utmost duty of care to prevent others from illegal possession, he shall be jointly and severally liable with the illegal possessor.
Article 76 If the manager has taken safety measures and fulfilled the warning obligation, and enters the highly dangerous activity area or the highly dangerous goods storage area without permission and causes damage, he may be exempted or not liable.
Article 77 Where the liability for high risk is stipulated by law, such provisions shall prevail. Article 78 If the animals raised cause damage to others, the animal keeper or manager shall bear the tort liability, but if it can be proved that the damage was caused by the intentional or gross negligence of the infringed, the liability may not be borne or mitigated.
Article 79 If anyone violates the management regulations and fails to take safety measures for animals, thus causing damage to others, the animal keeper or manager shall bear the tort liability.
Article 80 If dangerous animals such as dogs that are prohibited from being kept cause damage to others, the animal keeper or manager shall bear the tort liability.
Article 81 If animals in the zoo cause damage to others, the zoo shall bear the tort liability, but those who can prove that they have fulfilled their management duties shall not bear the liability.
Article 82 If an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original animal keeper or manager shall bear the tort liability.
Article 83 If animal damage is caused by the fault of a third party, the infringed may claim compensation from the animal keeper, manager or the third party. After making compensation, the animal keeper or manager has the right to claim compensation from a third party.
Eighty-fourth animals should abide by the law, respect social morality, and must not interfere with the lives of others. Article 85 If a building, structure or other facility and its shelving or hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.
Eighty-sixth buildings, structures or other facilities collapsed and caused damage to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.
If buildings, structures or other facilities collapse due to the reasons of other responsible persons and cause damage to others, other responsible persons shall bear tort liability.
Article 87 If throwing objects or falling objects from buildings cause damage to others, and it is difficult to determine the specific infringer, the user of the building who may have caused the damage shall pay compensation in addition to proving that he is not the infringer.
Article 88 If the collapse of a deposit causes damage to others and the depositor cannot prove that he is not at fault, he shall bear tort liability.
Article 89 If dumping garbage on the road causes damage to others, the relevant units or individuals shall bear tort liability.
Article 90 If the forest owner or manager cannot prove that he is not at fault because of the damage caused by the broken forest trees, he shall bear tort liability.
Article 91 If anyone digs, repairs or installs underground facilities in public places or roads, and fails to set up obvious signs and take safety measures, thus causing damage to others, the constructor shall bear tort liability.
If the underground facilities such as manhole cause damage to others, and the manager cannot prove that he has fulfilled his management obligations, he shall bear tort liability. Article 92 This Law shall come into force as of July 1 2065438.