What are the causes of action for tort liability disputes?

What are the causes of action for tort liability disputes? In our daily lives, some people may accidentally cause infringement due to their weak legal awareness. , resulting in tort liability disputes. So do you know what the causes of tort liability disputes are? What are the causes of action for tort liability disputes 1

1. What are the causes of action for tort liability disputes

The "Regulations on the Causes of Action for Civil Cases" are based on the classification of civil legal relationships in civil law theory, combined with the current Legislation and trial practice divide the cause of action system into personality rights, marriage and family inheritance, property rights, creditor's rights, labor disputes and personnel disputes, intellectual property rights, maritime affairs, civil disputes related to railway transportation, and companies, securities, Ten major civil disputes related to bills and special procedures, etc., are regarded as the first-level causes of action.

In order to maintain the relative integrity of the system and consider standardizing the division of civil trial business, some causes of action have been merged and split. For example, the intellectual property dispute category includes not only intellectual property-related contract dispute cases, but also intellectual property ownership and infringement dispute cases.

Under the first-level causes of action, there are thirty categories of causes of action, which are used as second-level causes of action (indicated by capital numbers); under the second-level causes of action, more than 360 types are listed Causes of action, as third-level causes of action (indicated by Arabic numerals), third-level causes of action are the most common and widely used causes of action in practice. Based on the needs of trial work guidance, research and judicial statistics, some fourth-level causes of action (indicated by Arabic numerals plus ()) are listed under some third-level causes of action.

2. What is the principle of imputation of tort liability?

1. The principle of fault liability

It refers to fault as the final element of liability. That is, if the actor's tortious behavior causes damage to the other party, the actor must be subjectively at fault to bear corresponding civil liability. Fault liability is the general principle of attribution of tort liability. Except for special torts stipulated in laws and regulations, the principle of fault attribution is applicable to general torts.

2. The principle of liability for presumption of fault

Based on the special provisions of the law, it is presumed that the infringer is at fault and should bear tort liability, unless the infringer can prove that he is not at fault.

(2) If a building, structure or other facility and its resting objects or suspended objects fall off or fall, if a building, structure or other facility collapses and causes damage to a person, or if stacked objects cause damage to a person, the presumption of fault shall apply;

(3) If a tree breaks and causes damage to others, the owner or manager of the forest will be subject to a presumption of fault;

(4) When an animal in a zoo causes damage to a person, the zoo will be subject to a presumption of fault. ;

(5) If a kindergarten, school or other educational institution fails to perform its education and management responsibilities, causing personal injury to a person without capacity for civil conduct or a person with limited capacity for civil conduct who studies and lives there, the educational institution shall Should bear corresponding responsibility unless the educational institution can prove that it has fulfilled its management responsibilities.

3. The principle of no-fault liability

Also known as the principle of strict liability, it means that based on the special provisions of the law, the victim can prove that the damage was caused by the injurer If the crime is caused by an act or object, the infringer shall bear civil liability regardless of whether there is any subjective fault, unless the infringer can prove that there is a statutory defense.

At present, the law stipulates that the main reasons for assuming no-fault liability include:

(1) If the ward causes damage to others, the guardian shall bear no-fault liability;

(2) ) The employer shall bear no-fault liability for the behavior of its staff that infringes upon others;

(3) If a labor relationship is formed between individuals, and the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear tort liability;

(4) When a product defect causes damage to a person, the producer shall bear no-fault liability;

(5) If highly dangerous operations cause damage to a person, the infringer shall bear no-fault liability;

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(6) If environmental pollution causes harm to people, the sewage discharge unit shall bear no-fault liability;

(7) If the raised animals cause harm to people, the breeder shall bear no-fault liability.

4. The principle of equitable liability

means that neither the infringer nor the victim is at fault for the damage caused, and according to the concept of fairness, the property status and payment ability of the parties are taken into consideration. Based on the actual situation, the losses will be shared by both parties.

3. What are the defense grounds for tort liability?

The defense grounds for tort liability include legitimate reasons and external reasons.

(1) Justifiable reasons include performing duties in accordance with the law, legitimate defense, emergency avoidance, and the victim's promise.

(2) External reasons include the victim’s intentions or fault, the fault of a third party, and force majeure.

We will not be held responsible for damage caused by legitimate defense. If legitimate defense exceeds the necessary limit and causes undue damage, the person who defends himself shall bear certain responsibilities.

Legitimate defense must meet the following prerequisites: it must be based on the existence of harmful acts; defense must be necessary and urgent; defense must be directed at the illegal injurer himself; defense must be within reasonable limits.

If damage is caused due to emergency avoidance, the person who caused the danger shall bear the responsibility. If the danger is caused by natural causes, the emergency evacuation party shall not be liable or provide appropriate compensation. If the measures taken for emergency avoidance are inappropriate or exceed necessary limits, causing undue harm, the emergency evacuation person shall bear appropriate liability. What are the causes of tort liability disputes 2

What is the standard of compensation for tort damages

If it is a traffic infringement, on September 2, 2019, the Supreme People's Court clearly stated that the higher people's courts in various places The "Notice on Authorizing the Pilot of Unified Urban and Rural Compensation Standards for Personal Injury Compensation" clearly authorizes all localities to carry out pilot projects to unify the compensation standards for urban and rural residents in cases of personal injury compensation disputes within their jurisdictions. In some areas, the same life and price are implemented, and compensation is calculated according to urban standards.

Standards for infringement

The victim suffered personal injury, various expenses incurred for medical treatment and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, and transportation expenses. , accommodation expenses, hospitalization food subsidies, and necessary nutritional expenses, the person obligated to compensate shall compensate.

If the victim becomes disabled due to injury, the necessary expenses incurred by him to increase his living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and dependent living expenses , as well as the necessary rehabilitation fees, nursing fees, and follow-up treatment fees actually incurred due to rehabilitation care and continued treatment, the compensation obligor shall also compensate.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases"

Article 19 Medical expenses shall be collected based on medical expenses, hospitalization expenses, etc. issued by medical institutions The voucher is determined based on relevant evidence such as medical records and diagnosis certificates. If the person with the obligation to compensate has any objection to the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined based on the actual amount incurred before the conclusion of the first-instance court debate. For the necessary rehabilitation fees for organ function recovery training, appropriate plastic surgery fees, and other follow-up treatment fees, the compensation rights holder may sue separately after the actual occurrence.

However, the expenses that must be incurred based on the medical certificate or appraisal conclusion can be compensated together with the medical expenses that have already been incurred.

Article 20: Lost work pay is determined based on the victim’s lost work time and income status.

The time missed from work is determined based on the certificate issued by the medical institution where the victim received treatment. If the victim continues to miss work due to injury and disability, the time missed from work can be calculated to the day before the disability date.

If the victim has a fixed income, the lost wages shall be calculated based on the actual reduction in income. If the victim has no fixed income, the calculation shall be based on his average income in the last three years; if the victim cannot provide evidence to prove his average income in the last three years, the calculation may be based on the average salary of employees in the same or similar industry in the previous year where the court where the suit is filed is located. .

Article 21 Nursing fees are determined based on the income status of the nursing staff, the number of caregivers, and the duration of care.

If the nursing staff has income, the calculation shall be based on the regulations on lost work pay; if the nursing staff has no income or employs nursing workers, the calculation shall be based on the labor remuneration standards for local nursing workers engaged in the same level of care. In principle, the number of nursing staff is one person, but if the medical institution or appraisal institution has clear opinions, the number of nursing staff can be determined by reference.

The nursing period shall be calculated until the victim regains his ability to take care of himself. If the victim cannot regain the ability to take care of himself due to disability, a reasonable period of care may be determined based on his age, health status and other factors, but the maximum period shall not exceed twenty years.

The level of care for the victim after he or she is determined to be disabled should be determined based on the degree of dependence on care and the preparation of disability assistive devices.

Article 22 Transportation expenses are calculated based on the actual expenses incurred by the victim and his necessary accompanying persons for medical treatment or transfer to a hospital for treatment. Transportation expenses should be supported by official receipts; relevant vouchers should be consistent with the location, time, number of people, and frequency of medical treatment.

Article 23 The hospitalization meal subsidy can be determined by referring to the business trip food subsidy standards for general staff of local state agencies.

If the victim does need to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his accompanying persons shall be compensated.

Article 24 Nutritional expenses are determined based on the victim’s disability and with reference to the opinions of the medical institution.

Article 25 Disability compensation shall be calculated automatically based on the degree of the victim’s inability to work or the level of disability, and based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is located. Twenty years are calculated from the date of disability. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.

If the victim becomes disabled due to injury but his actual income does not decrease, or if the disability level is relatively minor but causes occupational hazards that seriously affect his employment, the disability compensation can be adjusted accordingly.

Article 26 The cost of assistive devices for disabled people is calculated according to the reasonable cost standards of ordinary applicable devices. If the injury requires special needs, you can refer to the opinions of the assistive device dispensing agency to determine the corresponding reasonable fee standards.

The replacement cycle and compensation period of assistive devices are determined with reference to the opinions of the dispensing agency.

Article 27 Funeral expenses shall be calculated based on the average monthly salary of employees in the previous year at the location of the court where the lawsuit is filed, and calculated as a six-month total.

Article 28 The dependent’s living expenses are calculated based on the degree of the dependent’s inability to work and based on the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the previous year where the court where the lawsuit is filed is located. If the dependent is a minor, the period will be counted until the age of eighteen; if the dependent is unable to work and has no other source of living, the period will be counted for twenty years. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.

Dependents refer to minors who are legally obligated to support the victim or close adult relatives who have lost the ability to work and have no other source of living.

If the dependent has other dependents, the person obligated to compensate shall only compensate the victim for the portion that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.

Article 29 Death compensation shall be calculated over twenty years based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is located. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.

Article 30 If the holder of the right to compensation provides evidence to prove that the per capita disposable income of urban residents or the per capita net income of rural residents in his place of residence or habitual residence is higher than the standard for the location of the court where the suit is filed, the disability compensation or death compensation The allowance can be calculated based on the relevant standards of the place of residence or habitual residence. What are the causes of tort liability disputes 3

1. General compensation standards and scope of tort liability

The scope of personal injury compensation, according to the "Several Laws Applicable to the Supreme People's Court in the Trial of Personal Injury Compensation Cases" The provisions of Article 17 of "Explanation of Issues" and Article 1179 of the "People's Republic of China and Civil Code" include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, and hospital meals. Subsidy fee.

Necessary nutrition fees, disability compensation, disability assistive device fees, dependent living expenses, rehabilitation fees, nursing fees, follow-up treatment fees, funeral expenses, death compensation fees, and funeral expenses for relatives of the victim Transportation expenses, accommodation expenses, lost work time and other reasonable expenses, as well as mental damage solatium.

2. What are the three situations in which tort liability is divided?

(1) Fault liability

The principle of fault liability: refers to any person’s fault (intentional If you infringe the rights of others due to negligence or negligence, you shall bear tort liability for the damage caused. In other words, if there is no express provision in the law, there will be no liability if there is no fault. In a fault-based tort case, the victim must provide evidence to prove the following four elements:

1. The infringer committed the infringement (act or omission);

2. Himself Suffered remediable damage;

3. There is a causal relationship between the behavior and the damage;

4. The infringer was intentional or negligent.

As long as it is proved that the actor’s behavior meets the requirements, it is enough to make him bear the liability for fault tort. In addition, nothing more is required.

(2) No-fault liability

No-fault liability: It means that according to the express provisions of the law, regardless of whether the injurer has fault or not, he must commit the infringement. The principle of liability for tort liability. If an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply. This is the provision of the principle of no-fault liability. No-fault liability should be understood as follows:

1. Fault is not regarded as a constitutive element of tort liability. The infringer cannot be exempted from liability by proving that he is not at fault (for the same reason, accidents cannot be used as a reason for exemption)

2. It is limited to situations expressly provided for by the law and cannot be used as a basis for prosecution alone.

Liability without fault:

(1) If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear liability without fault

( 2) If a staff member of the employer causes injury to others due to the performance of work tasks, the employer shall bear no-fault liability

(3) If the party providing personal services causes injury to others due to the service, the party receiving the service shall bear no-fault liability

(4) If a defective product causes damage to others, the manufacturer and seller shall not be truly jointly and severally liable, which shall be no-fault liability.

If the seller is at fault, he shall bear the final liability; if the seller is not at fault, the manufacturer shall bear the final liability

(5) If a road traffic accident occurs between a motor vehicle and a pedestrian or non-motor vehicle driver, the manufacturer shall bear the final liability. The train party shall bear no-fault liability

(6) If environmental pollution causes damage to people, the polluter shall bear no-fault liability

(7) In the case of highly hazardous liability, persons engaged in highly hazardous operations , the operator or owner of highly dangerous goods shall bear no-fault liability

(8) If the raised animals cause harm to people, the animal keeper or manager shall bear no-fault liability (but the zoo shall bear presumption of fault liability)

(9) If a building collapse causes damage to a person, the construction unit and the construction unit shall bear no-fault liability

(10) If a medical product causes damage to a patient, the medical institution and the product provider shall If the perpetrator does not bear true joint and several liability, he shall be liable without fault

If he dumps, piles, or leaves objects that obstruct traffic on the road, the perpetrator shall bear liability without fault

(3) Fair liability

The principle of equitable liability refers to the situation where neither party is at fault for the occurrence of damage and does not fall under the principle of no-fault liability. If the victim is not properly compensated for the damage, it will violate the principle of fairness, and the people's court shall The specific circumstances and the concept of fairness determine the principle that the parties should appropriately share the consequences of damage. The "responsibility" in fair liability is no longer a legal liability, and is not condemnatory or punitive. It is essentially a legal obligation to compensate.

3. How to bear tort liability

Category of liability:

An actor who infringes upon the civil rights of others due to fault shall bear tort liability.

If an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that the actor should bear tort liability, such provisions shall apply.

If two or more persons jointly commit infringement and cause harm to others, they shall bear joint and several liability.

Anyone who instigates or helps others to commit infringements shall bear joint and several liability with the perpetrator.

If two or more people commit acts that endanger the personal or property safety of others, and the behavior of one or more of them causes damage to others, and the specific infringer can be identified, the infringer shall bear the liability; if the specific infringer cannot be identified, , the perpetrator shall be jointly and severally liable.

If two or more persons commit infringement acts separately and cause the same damage, and the infringement act of each person is sufficient to cause all the damage, the perpetrators shall bear joint and several liability.

If two or more persons commit tortious acts separately and cause the same damage, and if the degree of liability can be determined, each shall bear corresponding liability; if it is difficult to determine the degree of liability, the liability for compensation shall be equally borne.

If the law stipulates joint and several liability, the infringed party has the right to request some or all of the jointly and severally liable persons to bear liability.

The jointly and severally liable persons shall determine the corresponding amount of compensation according to the magnitude of their respective responsibilities; if it is difficult to determine the magnitude of their responsibilities, they shall bear equal liability for compensation.

A jointly and severally liable person who has paid more than his own compensation amount shall have the right to recover compensation from other jointly and severally liable persons.