Tort Law of the People's Republic of China
Tort Law of the People's Republic of China
Tort Law of the People's Republic of China
Order of the President of the People's Republic of China No. 21
December 26, 2009
The Tort Law of the People's Republic of China, adopted at the 12th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 26, 2009, is hereby promulgated and shall come into effect on July 1, 2010.
President of the People's Republic of China Hu Jintao
Tort Law of the People's Republic of China
Adopted at the 12th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 26, 2009
Contents
Chapter I General Provisions
Chapter II Constitutive Requirements of Liability and Methods for Assuming Liability
Chapter III Circumstances under which Liability Is Waived or Mitigated
Chapter IV Special Provisions on Liable Parties
Chapter V Product Liability
Chapter VI Automobile Traffic Accident Liability
Chapter VII Medical Malpractice Liability
Chapter VIII Environmental Pollution Liability
Chapter IX High-Risk Operation Liability
Chapter X Liability for Damage Caused by Domesticated Animals
Chapter XI Liability for Damage Caused by Objects
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with a view to protecting the legitimate rights and interests of civil parties, determining liability for torts, preventing and penalizing tortious acts, and promoting social harmony and stability.
Article 2 Whoever infringes on the civil rights and interests of others shall be liable for the tortious acts in accordance with this Law.
For the purpose of this Law, "civil rights and interests" shall include personal and property rights and interests such as the right to life, the right to health, rights associated with names, reputational rights, honorary rights, the right to one's image, the right to privacy, the right to marital autonomy, the right to guardianship, ownership, usufruct, security interests, copyrights, patent rights, exclusive rights to use trademarks, discovery rights, equities, right of succession, etc.
Article 88 Where any damage is caused by a collapsing pile of materials, the party responsible for the pile shall bear tortious liability unless he can prove that he was not at fault.
Article 89 Where any damage is caused by obstacles piled, dumped or scattered on a public road, the relevant unit or individual shall bear tortious liability.
Article 90 Where any damage is caused by a damaged tree, the owner or manager of the tree shall bear tortious liability unless he can prove that he was not at fault.
Article 91 Where any damage is caused by a road digging or underground repair operation without clear signs and safety measures, the construction operator shall bear tortious liability.
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