The Tort Liability Law of the People's Republic of China is a law enacted to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and sanction infringement, and promote social harmony and stability. It was reviewed and adopted at the 12th meeting of the Standing Committee of the 11th National People's Congress on December 26, 2009, and will be implemented on July 1, 2010.

If the personal rights and interests of others are infringed and property losses are caused, compensation shall be based on the losses suffered by the infringed party; if the losses of the infringed party are difficult to determine and the infringer obtains benefits as a result, compensation shall be based on the benefits obtained by the infringer; Therefore, it is difficult to determine the benefits obtained, and if the infringer 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 situation.

If a person without 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 while studying or living in a kindergarten, school or other educational institution, the infringer shall bear the responsibility Liability for infringement; if kindergartens, schools or other educational institutions fail to fulfill their management responsibilities, they shall bear corresponding supplementary liabilities.

On December 26, 2009, the Tort Liability Law was reviewed and adopted at the 12th meeting of the Standing Committee of the 11th National People's Congress and will be implemented on July 1, 2010. The final passage of the Tort Liability Law marks the final improvement of China's civil and commercial legal system and further progress towards the goal of a final and complete civil code. It also marks the acceleration of China's legalization process and the further implementation of the goal of building a socialist country under the rule of law. , marks the final birth of a special law on civil torts, is conducive to better safeguarding citizens' legitimate rights and interests, and is a major event in China's legalization process.

The "Tort Liability Law of the People's Republic of China" was adopted by the 12th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 26, 2009 Passed, hereby promulgated, and effective from July 1, 2010

Legal basis:

Article 1 of the Tort Liability Law of the People's Republic of China

This law is formulated to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and sanction infringements, and promote social harmony and stability.

Article 2 Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law.

The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.

Article 3 The infringed party has the right to request the infringer to bear infringement liability.

Article 4 If the infringer should bear administrative liability or criminal liability for the same act, this does not affect the liability for infringement according to law.

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

Article 5 If other laws have special provisions on tort liability, those provisions shall prevail.