The Tort Liability Law will be officially implemented on July 1 this year. Together with the General Principles of Civil Law, Contract Law, and Intellectual Property Law, it constitutes the four major structures of the civil legal system and is closely related to everyone’s daily life. The closely related Tort Liability Law has triggered a study craze among lawyers across the country.

The "Tort Liability Law" has a somewhat thin 92 articles, which stipulate the rights to life, health, name, reputation, honor, portrait, privacy, and marital autonomy of citizens or legal persons. When personal and property rights, custody rights, ownership rights, usufruct rights, security rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights and other personal and property rights are damaged, whether the behavior constitutes an infringement and who bears the liability for infringement? Who should bear infringement liability and how to bear infringement liability?

Since there are only 92 articles, the "Tort Liability Law" is not divided into general provisions and sub-provisions like the "Contract Law". Instead, it uses seven chapters (equivalent to the sub-provisions) to stipulate product quality liability, How to determine whether an infringement constitutes an infringement and who bears infringement liability in seven situations including motor vehicle traffic accident liability, medical damage liability, environmental pollution liability, highly dangerous liability, raising animal damage liability, and object damage liability.

In fact, before the promulgation and implementation of the Tort Liability Law at the legal level, the composition of torts, liability methods and liability attribution principles have been stipulated in administrative regulations, rules, judicial interpretations and other regulations in various professional fields. , and this time the law is summarized and enacted, I personally think that the following six major aspects will affect our lives.

01. The principle of same life, same price for death compensation is established

Article 17 If multiple deaths are caused by the same infringement, the death compensation can be determined in the same amount.

The social debate over the so-called human rights and the right to life between urban and rural people, young and old people "having the same life but different price" can be put to rest, but what kind of amount should be determined? Whether it is high or low, how to determine the same amount, whether it is "can" rather than "must", and how to deal with it if it is not "can", still leaves a lot of room for judicial practice.

02. The mental damage compensation system has been determined at the legal level

Article 22 If the personal rights and interests of others are infringed and serious mental damage is caused to others, the offended party may request compensation for mental damage.

The determination of the mental damage compensation system at the legal level shows that the needs of our people have transcended economic and monetary needs, and human and emotional needs are respected to the greatest extent.

03. There is a legal basis for obtaining financial compensation for those who act bravely.

Article 23 If the infringer causes damage to himself by preventing or stopping the infringement of the civil rights of others, the infringer shall bear the liability. If the infringer escapes or is unable to bear responsibility and the infringer requests compensation, the beneficiary shall provide appropriate compensation.

When someone is brave enough to help you avoid being harmed, if the hero is injured or even dies, but the perpetrator cannot be found, in addition to verbal gratitude, you must also provide financial compensation. Otherwise, you will not only have to bear moral condemnation, but also be judged to bear financial compensation liability according to law.

04. When families or individuals hire labor services, they need to be more aware of risks

Article 35 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. If the party providing the service suffers damage due to the service, both parties shall bear corresponding liability based on their respective faults.

Renovation guerrillas who hire nannies and hourly workers at home without any unit or qualifications have problems such as watering flowers on the balcony falling and killing someone, hiring a part-time driver to drive and kill someone, and personal decoration. If the stainless steel doors and windows fall down and injure pedestrians, etc., you have to pay for these costs, and the employer will also be responsible for any personal injury to the hired workers. Therefore, it is best to hire the above-mentioned laborers dispatched by the dispatching unit. First, the dispatching unit should pay work-related injury insurance for the dispatched personnel. Secondly, it can be stipulated in the agreement with the dispatching unit that the relevant tort liability shall be borne by the dispatching unit.

05. The safety guarantee obligations of hotels, shopping malls, banks, stations, entertainment venues and other public places are intensified

Article 37 Managers of hotels, shopping malls, banks, stations, entertainment venues and other public places Or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability. If damage is caused to others due to the behavior of a third party, the third party shall bear tort liability; if the manager or organizer fails to fulfill their safety guarantee obligations, the third party shall bear corresponding supplementary liability.

The ways for the infringed party to pursue liability have become clearer, but the safety protection obligations in the operation of the above-mentioned public places have become heavier. They were beaten in the hotel, slipped on the stairs of the shopping mall, and were beaten in the hotel. Money was robbed from the bank, taken hostage by robbers, injured on the train, caused trouble while singing in KTV, any personal or property damage that occurs in these places with clear location and capacity will be covered. Operators of public places may be sued and claim compensation. Operators of public places should consider improving relevant business liability insurance. Otherwise, if a mass incident unfortunately occurs, the money earned will not be enough to compensate.

Even individuals or units that organize mass activities, organize sports competitions, concerts, exhibitions and trade fairs, garden lantern fairs, temple fairs, flower festivals, fireworks evenings, and talent recruitment fairs. Anyone who is trampled or physically assaulted needs to be held responsible.

06. Kindergartens, schools or other educational institutions need to bear no-fault liability or fault liability for personal abuse suffered by children and students inside and outside school.

All educational institutions that recruit young children, primary school students, and middle school students should consider improving relevant school liability insurance to avoid business risks. Otherwise, if unfortunately a mass incident occurs, the money earned will definitely not be enough to compensate.