According to Article 2 of the Tort Liability Law of People's Republic of China (PRC), anyone who 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.
The infringed party has the right to request the infringer to bear the tort liability. If the infringer should bear administrative responsibility or criminal responsibility for the same act, it does 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. Where other laws have special provisions on tort liability, such provisions shall prevail.
Extended data:
The relevant requirements of tort liability stipulate that:
1. If property losses are caused by infringing upon the personal rights and interests of others, 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 compensate according to the benefits he has obtained.
2. The benefits obtained by the infringer are difficult to determine. 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.
3. If the infringement endangers the personal and property safety of others, the infringed may request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.
Central People's Government-People's Republic of China (PRC) Tort Liability Law