Article 1 This law is formulated to protect the legitimate rights and interests of civil subjects, clarify infringement 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 by the same act, and the property of the infringer 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. Article 6 If a perpetrator infringes upon the civil rights and interests of others due to fault, he shall bear tort liability.

According to legal provisions, it is presumed that the actor is at fault. If the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 7 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.

Article 8 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.

Article 9 Whoever instigates or helps others to commit infringements shall bear joint and several liability with the perpetrator.

Anyone who instigates or helps a person without capacity for civil conduct or a person with limited capacity for civil conduct to commit an infringement shall bear tort liability; the guardian of the person without capacity for civil conduct or a person with limited capacity for civil conduct fails to fulfill his guardianship responsibilities , should bear corresponding responsibilities.

Article 10: If two or more people commit an act that endangers the personal or property safety of others, and the act 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 determined, If the infringer is an infringer, the perpetrator shall be jointly and severally liable.

Article 11 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.

Article 12 If two or more people commit infringements separately and cause the same damage, and if the degree of liability can be determined, each shall bear the corresponding liability; if it is difficult to determine the degree of liability, the liability for compensation shall be equally borne.

Article 13 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.

Article 14 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 pays more than his own compensation amount shall have the right to recover compensation from other jointly and severally liable persons.

Article 15 The main ways to bear infringement liability include:

(1) Stop the infringement

(2) Eliminate obstruction

(3) Eliminate danger

(4) Return property

(5) Restoration to original condition

(6) Compensate for losses

(7) ) Make an apology

(8) Eliminate the impact and restore reputation.

The above methods of bearing infringement liability can be applied individually or in combination.

Article 16 Compensation for Personal Injuries If someone infringes upon another person and causes personal injury, he shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and rehabilitation, as well as the loss of income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.

Article 17 Determination of death compensation in the same amount If multiple deaths are caused by the same tortious act, the death compensation may be determined in the same amount.

Article 18 If the person who requested the right to claim dies or is merged or divided, and the person who has been infringed dies, his or her close relatives have the right to request the infringer to bear tort liability. If the infringed party is a unit, and the unit is divided or merged, the unit that inherits the rights shall have the right to request the infringer to bear infringement liability.

If the infringed person dies, the person who paid the infringed person's medical expenses, funeral expenses and other reasonable expenses has the right to request compensation from the infringer, except where the infringer has paid the expenses.

Article 19 Calculation of property losses If the property of others is infringed upon, the property losses shall be calculated according to the market price at the time of the loss or other methods.

Article 20: Compensation for property losses caused by infringement of personal rights and interests. If property losses are caused by infringement of personal rights and interests of others, compensation shall be based on the losses suffered by the infringed party; the losses of the infringed party are difficult to determine, and the infringer shall obtain compensation as a result. If the infringer obtains interests, compensation shall be based on the interests obtained; if the interests obtained by the infringer are difficult to determine, and the infringer and the infringer disagree on the amount of compensation and file a lawsuit in the People's Court, the People's Court shall determine the amount of compensation based on the actual situation.

Article 21: If an infringement endangers the personal or property safety of others, the infringer may request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.

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

Article 23: If one is harmed due to preventing or stopping the infringement of the civil rights and interests 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.

Article 24: If neither the victim nor the perpetrator is at fault for the damage, the losses may be shared by both parties based on the actual situation.

Article 25: After damage occurs, the parties may negotiate the method of payment of compensation. If the negotiation fails, the compensation fee shall be paid in one lump sum; if it is really difficult to pay in one lump sum, it can be paid in installments, but corresponding guarantees shall be provided. Article 26 If the infringed party is also at fault for the occurrence of the damage, the liability of the tortfeasor may be reduced.

Article 27: If the damage is caused intentionally by the victim, the perpetrator shall not bear responsibility.

Article 28 If the damage is caused by a third party, the third party shall bear tort liability.

Article 29 If any damage is caused to others due to force majeure, we shall not be held liable. If the law provides otherwise, such provisions shall prevail.

Article 30: No liability will be assumed if damage is caused due to legitimate defense. If legitimate defense exceeds the necessary limit and causes undue damage, the person who defends himself shall bear appropriate liability.

Article 31: 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 person will not be liable or provide appropriate compensation. If emergency evacuation measures are inappropriate or exceed necessary limits, causing undue damage, the emergency evacuation person shall bear appropriate liability. Article 32: 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 tort liability. If a guardian fulfills his guardianship responsibilities, his tort liability may be reduced.

If a property-owning person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, compensation shall be paid from his/her property. Any shortfall shall be compensated by the guardian.

Article 33 If a person with full capacity for civil conduct is temporarily unconscious or loses control of his or her behavior and causes damage to others and is at fault, he shall bear tort liability; if he is not at fault, he shall be punished according to the economic status of the actor. Proper compensation to the victims.

If a person with full capacity for civil conduct causes damage to others due to being temporarily unconscious or losing control of his own behavior due to drunkenness, abuse of narcotic drugs or psychotropic drugs, he shall bear tort liability.

Article 34: If an employer’s staff causes damage to others due to performing work tasks, the employer shall bear tort liability.

During the labor dispatch period, if the dispatched staff causes damage to others due to performing work tasks, the employer that accepts the labor dispatch shall bear tort liability; if the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.

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.

Article 36: Network users and network service providers who use the Internet to infringe on the civil rights and interests of others shall bear infringement liability.

If an Internet user uses network services to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deletion, blocking, and disconnection. If the network service provider fails to take necessary measures in a timely manner after receiving the notice, it shall be jointly and severally liable with the network user for the expanded damage.

If a network service provider knows that a network user is using its network services to infringe on the civil rights of others and fails to take necessary measures, it shall bear joint and several liability with the network user.

Article 37: Managers of hotels, shopping malls, banks, stations, entertainment venues and other public places or organizers of mass activities fail to fulfill their safety protection obligations and cause harm to others. , should bear infringement liability.

If the third party causes damage to others due to the behavior of a third party, the third party shall bear the tort liability; if the manager or organizer fails to fulfill the safety guarantee obligations, he shall bear the corresponding supplementary liability.

Article 38 If a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear responsibility, provided that it can prove that Those who have educational or management responsibilities will not be held responsible.

Article 39: If a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its education and management responsibilities, he shall bear responsibility.

Article 40 If a person without capacity for civil conduct or a person with limited capacity for civil conduct is physically harmed by someone other than a kindergarten, school or other educational institution while studying and living in a kindergarten, school or other educational institution, The infringer shall bear the liability for infringement; if kindergartens, schools or other educational institutions fail to fulfill their management responsibilities, they shall bear corresponding supplementary liabilities. Article 41 If a defective product causes damage to others, the producer shall bear tort liability.

Article 42 If a product is defective due to the seller’s fault and causes damage to others, the seller shall bear tort liability.

If the seller cannot identify the manufacturer or supplier of the defective product, the seller shall bear tort liability.

Article 43: If damage is caused by a defective product, the infringed party may request compensation from the manufacturer of the product or the seller of the product.

If product defects are caused by the manufacturer, the seller has the right to recover compensation from the manufacturer after making compensation.

If a product is defective due to the fault of the seller, the manufacturer has the right to recover compensation from the seller after making compensation.

Article 44 If a product is defective due to the fault of a third party such as a transporter or warehouse, causing damage to others, the producer or seller of the product shall have the right to claim compensation from the third party after making compensation. recovery.

Article 45: If a product defect endangers the personal or property safety of others, the infringed party has the right to request the manufacturer or seller to bear tort liability such as removing obstructions and eliminating dangers.

Article 46: If a product is found to be defective after it is put into circulation, producers and sellers shall promptly take remedial measures such as warnings and recalls. If remedial measures are not taken in a timely manner or remedial measures are ineffective and cause damage, the infringement liability shall be borne.

Article 47: If a product is knowingly known to be defective but still produced or sold, causing death or serious damage to the health of others, the infringed party has the right to request corresponding punitive damages. Article 48 If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.

Article 49 If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and a traffic accident occurs that is the party's responsibility, the insurance company shall provide compulsory insurance for the motor vehicle. Compensation shall be made within the limit of liability. For any shortfall, the user of the motor vehicle shall bear the liability for compensation; if the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Article 50: The parties have transferred and delivered a motor vehicle through sale or purchase but have not registered the transfer of ownership. If a traffic accident occurs and the party is responsible for the motor vehicle, the insurance company shall force the vehicle to Compensation will be made within the insurance liability limit, and the transferee will be responsible for any shortfall.

Article 51: If a motor vehicle that has been assembled or has reached scrapping standards is transferred by way of sale or purchase, and a traffic accident causes damage, the transferor and the transferee shall bear joint and several liability.

Article 52: If a traffic accident causes damage to a motor vehicle that has been stolen, robbed or snatched, the thief, robber or snatcher shall be liable for compensation. If an insurance company advances rescue expenses within the liability limit of compulsory motor vehicle insurance, it has the right to recover compensation from the person responsible for the traffic accident.

Article 53: If a motor vehicle driver escapes after a traffic accident and the motor vehicle is covered by compulsory insurance, the insurance company shall compensate within the liability limit of the compulsory motor vehicle insurance; if the motor vehicle is unknown or the If the motor vehicle does not participate in compulsory insurance and needs to pay for the rescue, funeral, etc. of the injured person's personal injury or death, the road traffic accident social assistance fund will pay in advance. After the road traffic accident social assistance fund is advanced, its management agency has the right to recover compensation from the person responsible for the traffic accident. Article 54: If a patient is harmed during diagnosis and treatment activities, and the medical institution and its medical staff are at fault, the medical institution shall bear the liability for compensation.

Article 55: Medical personnel shall explain the condition and medical measures to patients during diagnosis and treatment activities. If surgery, special examination, or special treatment is required, medical staff should promptly explain the medical risks, alternative medical plans, etc. to the patient, and obtain their written consent; if it is not appropriate to explain to the patient, they should explain it to the patient's close relatives and obtain their written consent. Written consent.

If medical personnel fail to fulfill their obligations in the preceding paragraph and cause harm to patients, the medical institution shall bear liability for compensation.

Article 56: In emergencies such as rescuing a dying patient, if the opinions of the patient or his close relatives cannot be obtained, corresponding medical treatment may be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge. measure.

Article 57: If medical personnel fail to perform diagnosis and treatment obligations corresponding to the current medical level during diagnosis and treatment activities, thereby causing damage to patients, the medical institution shall bear liability for compensation.

Article 58: If a patient suffers harm due to any of the following circumstances, the medical institution is presumed to be at fault:

(1) Violation of laws, administrative regulations, rules and other relevant diagnosis and treatment Standard provisions

(2) Concealing or refusing to provide medical records related to disputes

(3) Forging, tampering or destroying medical records.

Article 59: If a patient is harmed due to defects in drugs, disinfectants, medical equipment, or the transfusion of unqualified blood, the patient may request compensation from the producer or blood provider, or may seek compensation from the medical institution. The agency requested compensation. If a patient requests compensation from a medical institution, after the medical institution makes compensation, it has the right to seek compensation from the responsible producer or blood provider.

Article 60: If a patient suffers damage due to any of the following circumstances, the medical institution shall not be liable for compensation:

(1) The patient or his close relatives do not cooperate with the medical institution in complying with the requirements. Standard diagnosis and treatment

(2) Medical staff have fulfilled their reasonable diagnosis and treatment obligations in emergency situations such as rescuing life-threatening patients

(3) Diagnosis and treatment are difficult due to the medical level at that time.

In the case of item 1 of the preceding paragraph, if the medical institution and its medical staff are also at fault, they shall bear corresponding liability for compensation.

Article 61 Medical institutions and their medical staff shall fill in and properly keep hospital records, medical orders, inspection reports, surgical and anesthesia records, pathology data, nursing records, medical expenses and other medical records in accordance with regulations. .

If a patient requests to review or copy the medical records specified in the preceding paragraph, the medical institution shall provide them.

Article 62: Medical institutions and their medical staff shall keep patients’ privacy confidential. Anyone who leaks a patient's privacy or discloses his or her medical records without the patient's consent, causing harm to the patient, shall bear tort liability.

Article 63: Medical institutions and their medical staff shall not conduct unnecessary examinations in violation of diagnosis and treatment regulations.

Article 64: The legitimate rights and interests of medical institutions and their medical staff are protected by law. Anyone who interferes with medical order and hinders the work and life of medical personnel shall bear legal liability in accordance with the law. Article 65: If damage is caused by environmental pollution, the polluter shall bear tort liability.

Article 66: When a dispute arises due to environmental pollution, the polluter shall bear the burden of proving that there is no causal relationship between the behavior and the damage as prescribed by law.

Article 67: When two or more polluters pollute the environment, the degree of liability of the polluters shall be determined based on factors such as the type of pollutants and the amount of emissions.

Article 68: If damage is caused by environmental pollution due to the fault of a third party, the offended party may request compensation from the polluter or the third party. After the polluter pays compensation, it has the right to seek compensation from the third party. Article 69: Anyone who engages in highly dangerous operations and causes damage to others shall bear tort liability.

Article 70: If a nuclear accident occurs at a civilian nuclear facility and causes damage to others, the operator of the civilian nuclear facility shall bear tort liability. However, if it can be proven that the damage was caused by war or other circumstances or intentionally caused by the victim, the operator shall not Take responsibility.

Article 71: If a civil aircraft causes damage to others, the operator of the civil aircraft shall bear tort liability, but will not be held liable if it can be proven that the damage was caused intentionally by the victim.

Article 72 If the possession or use of highly dangerous substances such as flammable, explosive, highly toxic, radioactive, etc. causes damage to others, the possessor or user shall bear tort liability, provided that the owner or user can prove that the damage was caused by The victim will not be held liable if it is caused intentionally or due to force majeure. If the infringed party is grossly negligent in causing the damage, the liability of the possessor or user may be reduced.

Article 73 If the operator engages in high-altitude, high-pressure, or underground excavation activities or uses high-speed rail transportation to cause damage to others, the operator shall bear tort liability, but it can be proven that the damage was caused intentionally by the victim or due to force majeure. , does not assume responsibility. If the infringed party is at fault for causing the damage, the operator's liability may be reduced.

Article 74 If the loss or abandonment of highly dangerous objects causes damage to others, the owner shall bear tort liability. If the owner hands over highly dangerous goods to others for management, the manager shall bear tort liability; if the owner is at fault, he shall bear joint and several liability with the manager.

Article 75: If the illegal possession of highly dangerous objects causes damage to others, the illegal possessor shall bear tort liability. If the owner or manager cannot prove that he has exercised a high degree of care to prevent others from illegally possessing the property, he shall bear joint and several liability with the illegal possessor.

Article 76: If the manager enters a highly hazardous activity area or a highly hazardous material storage area without permission and is damaged, and the manager has taken safety measures and fulfilled his duty of warning, he may be reduced or not liable.

Article 77: If a person bears high-risk liability and the law stipulates the limit of compensation, such provisions shall prevail. Article 78 If a raised animal causes damage to others, the animal breeder or manager shall bear tort liability. However, if it can be proved that the damage was caused intentionally or by gross negligence of the infringed party, the liability may be waived or reduced.

Article 79: If a person violates management regulations and fails to take safety measures for animals and causes damage to others, the animal breeder or manager shall bear tort liability.

Article 80: If dangerous animals such as violent dogs that are prohibited from being raised cause damage to others, the animal breeder or manager shall bear tort liability.

Article 81 If a zoo animal causes damage to others, the zoo shall bear tort liability, but if it can prove that it has fulfilled its management duties, it shall not be liable.

Article 82: If an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original animal keeper or manager shall bear tort liability.

Article 83: If an animal causes damage to another person due to the fault of a third party, the person who has been infringed may request compensation from the animal breeder or manager, or from the third party. After making compensation, the animal breeder or manager has the right to recover compensation from the third party.

Article 84: Raising animals must abide by the law, respect social ethics, and must not interfere with the lives of others. Article 85 If a building, structure or other facility and its resting and hanging objects fall off or fall, causing damage to others, and the owner, manager or user cannot prove that they are not at fault, they shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, the owner, manager or user shall have the right to recover compensation from the other responsible persons.

Article 86: If a building, structure or other facility collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit or construction unit has made compensation, if there are other responsible persons, it has the right to recover compensation from other responsible persons.

If a building, structure or other facility collapses due to the fault of another responsible person and causes damage to others, the other responsible person shall bear tort liability.

Article 87: If objects are thrown from a building or objects fall from a building and cause damage to others, and it is difficult to identify the specific infringer, except for those who can prove that they are not the infringers, they shall be deemed as likely to cause harm. Building users will be compensated.

Article 88 If the collapse of a pile of objects causes damage to others, and the person who piled the pile cannot prove that he is not at fault, he shall bear tort liability.

Article 89: If objects that obstruct passage are piled, dumped, or scattered on public roads and cause damage to others, the relevant units or individuals shall bear tort liability.

Article 90: If the owner or manager of the tree cannot prove that he is not at fault for causing damage to others due to the breaking of a tree, he shall bear tort liability.

Article 91 If digging pits, repairing and installing underground facilities, etc. in public places or roads, without setting up obvious signs or taking safety measures and causing damage to others, the constructor shall bear tort liability.

If underground facilities such as manholes cause damage to others and the manager cannot prove that he has fulfilled his management duties, he shall bear tort liability. Article 92 This Law shall come into effect on July 1, 2010.