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What are the ways to bear civil liability?

The ways to bear civil liability are:

1. Stop the infringement.

Stop infringement is mainly used for infringement of intellectual property rights (trademark rights, etc.) and personal rights (name rights, portrait rights, etc.).

2. Eliminate obstacles.

Removal of obstructions is mainly used to protect property ownership, management rights, contracting rights, use rights, and adjacent rights.

3. Eliminate danger.

Eliminating dangers is mainly used to eliminate dangers to your own property and people that may be caused by other people's business activities or poor property management.

4. Return property.

The return of property is widely applicable to situations where property is illegally occupied by others.

5. Restore the original condition.

Restitution is primarily a form of liability used when appropriating someone else’s property.

6. Repair, redo, and replace.

Repair, redo, and replacement are mainly forms of civil liability used when the quality of the subject matter of the concert fails to meet the standards when the debtor performs the contract.

7. Compensate for losses.

Compensation for losses is one of the most commonly used in civil law. Either tort liability or breach of contract liability can compensate for losses.

8. Pay liquidated damages.

This form of liability only applies to liability for breach of contract.

9. Eliminate the impact and restore reputation.

Eliminating the impact and restoring reputation is mainly applicable to infringement of reputation rights, other personal rights and infringement of intellectual property rights.

10. Apologize.

Civil liability has the following main characteristics:

1. Mandatory. The compulsory nature of civil liability is the basic symbol that distinguishes it from moral liability and other social responsibilities. There are two main manifestations of mandatory civil liability:

(1) When a civil subject violates a contract or fails to perform other obligations, or infringes upon the property of the state or collective due to fault, or infringes upon the property or person of others, the law stipulates that Should bear civil liability.

(2) When a civil subject does not take the initiative to assume civil liability, the relevant state authorities will force it to assume responsibility and perform civil obligations.

2. Property. Civil liability is mainly property liability, supplemented by non-property liability. The failure of one party to perform its civil obligations causes property and mental losses to the other party, which are usually recovered through property compensation. However, property liability alone is not enough to compensate for the victim's losses. Therefore, the General Principles of Civil Law also stipulates some auxiliary non-property liabilities.

3. Compensatory. Civil liability is limited to compensating the losses suffered by the civil subject. Liability for breach of contract aims to bring the interests of the parties to a state where the contract has been properly performed; liability for tort aims to restore the interests of the parties to the state before they were damaged.

Baidu Encyclopedia "General Principles of the People's Republic of China and Civil Law"