皇冠足球比分

Law of the People's Republic of China on Tort Liability

Release date: August 31, 2016 Views: Times

( Adopted at the Twelfth Meeting of the Standing Committee of the Eleventh National People's Congress on December 26, 2009)

     table of Contents

     Chapter I General Provisions

     Chapter II Responsibility Composition and Responsibility Methods

     Chapter III Circumstances of Non-responsibility and Reduction of Liability

     Chapter IV Special Provisions on Responsible Subjects

     Chapter V Product Liability

     Chapter VI Liability for Motor Vehicle Traffic Accidents

     Chapter VII Liability for Medical Damage

     Chapter VIII Liability for Environmental Pollution

     Chapter IX High Dangerous Liability

     Chapter X Liability for Animal Damage

     Chapter XI Liability for Damage to Objects

     Chapter XII Supplementary Provisions

Chapter I General Provisions

     为保护民事主体的合法权益,明确侵权责任,预防并制裁侵权行为,促进社会和谐稳定,制定本法。 Article 1 This Law is enacted to protect the legitimate rights and interests of civil subjects, clarify liability for torts, prevent and sanction torts, and promote social harmony and stability.

     侵害民事权益,应当依照本法承担侵权责任。 Article 2 Infringement of civil rights and interests shall bear tort liability in accordance with this Law.

     The civil rights referred to in this law include the right to life, right to health, right to name, right to reputation, right to honor, right to portrait, privacy, right to marriage, guardianship, ownership, usufructuary right, security right, copyright, patent right Personal right, trademark right, discovery right, stock right, inheritance right and other personal and property rights.

     被侵权人有权请求侵权人承担侵权责任。 Article 3 The infringed person has the right to request the infringer to bear tort liability.

     侵权人因同一行为应当承担行政责任或者刑事责任的,不影响依法承担侵权责任。 Article 4 Where the infringer should bear administrative or criminal liability for the same act, it does not affect the infringement liability in accordance with the law.

     The same act should bear tort liability, administrative responsibility, and criminal liability. If the property of the infringer is not sufficient to pay, the tort liability shall be assumed first.

     其他法律对侵权责任另有特别规定的,依照其规定。 Article 5 Where other laws have special provisions on tort liability, such provisions shall be followed.

Chapter II Responsibility Composition and Responsibility Methods

     行为人因过错侵害他人民事权益,应当承担侵权责任。 Article 6 An actor who infringes upon the civil rights and interests of others due to his fault shall be liable for tort.

     If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall be liable for tort.

     行为人损害他人民事权益,不论行为人有无过错,法律规定应当承担侵权责任的,依照其规定。 Article 7 Where an actor harms the civil rights and interests of others, whether the actor is at fault or not, the law stipulates that he shall be liable for infringement, in accordance with its provisions.

     二人以上共同实施侵权行为,造成他人损害的,应当承担连带责任。 Article 8 If two or more persons jointly commit an infringement and cause damage to others, they shall bear joint and several liability.

     教唆、帮助他人实施侵权行为的,应当与行为人承担连带责任。 Article 9 Anyone who instigates or helps others to commit a tort shall bear joint and several liability with the actor.

     Anyone who instigates or assists a person with limited capacity for civil conduct or a person with limited capacity for civil conduct to commit an infringement shall bear tort liability; if the guardian of the person without capacity for civil capacity or a person with limited capacity for civil conduct has not fulfilled his guardianship, he shall bear the corresponding liability .

     二人以上实施危及他人人身、财产安全的行为,其中一人或者数人的行为造成他人损害,能够确定具体侵权人的,由侵权人承担责任;不能确定具体侵权人的,行为人承担连带责任。 Article 10 When two or more persons carry out acts that endanger the safety of others, the property of which one or more of them causes damage to others, and the infringer can be identified if the infringer can be identified; if the infringer cannot be identified, the actor bears Joint Liability.

     二人以上分别实施侵权行为造成同一损害,每个人的侵权行为都足以造成全部损害的,行为人承担连带责任。 Article 11 If two or more persons infringe each other and cause the same damage, and each person's tort is sufficient to cause all the damages, the perpetrators shall bear joint and several liability.

     二人以上分别实施侵权行为造成同一损害,能够确定责任大小的,各自承担相应的责任;难以确定责任大小的,平均承担赔偿责任。 Article 12 If two or more persons commit the same infringement as a result of the same damage, and can determine the magnitude of the liability, they each bear the corresponding liability; if it is difficult to determine the magnitude of the liability, they shall equally bear the liability for compensation.

     法律规定承担连带责任的,被侵权人有权请求部分或者全部连带责任人承担责任。 Article 13 Where the law provides for joint and several liability, the infringed person shall have the right to request some or all of the joint and several responsible persons to bear responsibility.

     连带责任人根据各自责任大小确定相应的赔偿数额;难以确定责任大小的,平均承担赔偿责任。 Article 14 The joint liable persons shall determine the corresponding amount of compensation according to the magnitude of their respective liabilities; if it is difficult to determine the magnitude of the liability, they shall equally bear the liability for compensation.

     Those who pay joint and several liability in excess of their compensation shall have the right to claim compensation from other joint and several responsible persons.

     承担侵权责任的方式主要有: Article 15 The main ways to bear liability for infringement are:

     (1) Stop infringement;

     (2) removing obstacles;

     (3) eliminate danger;

     (4) return of property;

     (5) return to the original condition;

     (6) compensation for losses;

     (7) an apology for injustice;

     (8) Eliminate influence and restore reputation.

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

     侵害他人造成人身损害的,应当赔偿医疗费、护理费、交通费等为治疗和康复支出的合理费用,以及因误工减少的收入。 Article 16 Whoever injures others and causes personal injury shall be compensated for the reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, and transportation expenses, as well as income reduced due to lost work. In case of disability, compensation for disability living aids and disability compensation shall also be made. Where death is caused, funeral expenses and death compensation shall also be compensated.

     因同一侵权行为造成多人死亡的,可以以相同数额确定死亡赔偿金。 Article 17 Where multiple deaths result from the same infringement, death compensation may be determined at the same amount.

     被侵权人死亡的,其近亲属有权请求侵权人承担侵权责任。 Article 18 When the infringer dies, his close relatives have the right to request the infringer to bear the tort liability. The infringed person is a unit. If the unit is divided or merged, the unit that inherits the right shall have the right to request the infringer to bear the tort liability.

     If the infringer dies, the person who pays the reasonable expenses such as the medical expenses and funeral expenses of the infringed person shall have the right to request the infringer to compensate the expenses, except that the infringer has paid the expenses.

     侵害他人财产的,财产损失按照损失发生时的市场价格或者其他方式计算。 Article 19 Where the property of another person is infringed, the property loss shall be calculated at the market price at the time of the loss or in other ways.

     侵害他人人身权益造成财产损失的,按照被侵权人因此受到的损失赔偿;被侵权人的损失难以确定,侵权人因此获得利益的,按照其获得的利益赔偿;侵权人因此获得的利益难以确定,被侵权人和侵权人就赔偿数额协商不一致,向人民法院提起诉讼的,由人民法院根据实际情况确定赔偿数额。 Article 20 Where property rights are infringed upon infringing upon the personal rights and interests of others, compensation shall be made in accordance with the loss suffered by the infringed person; The interests are difficult to determine. If the infringed person and the infringer have not agreed on the amount of compensation, and the lawsuit is filed in the people's court, the people's court shall determine the amount of compensation according to the actual situation.

     侵权行为危及他人人身、财产安全的,被侵权人可以请求侵权人承担停止侵害、排除妨碍、消除危险等侵权责任。 Article 21 Where a tort endangers the safety of the person or property of another person, the infringed person may request the infringer to bear the tort liability of stopping the infringement, removing obstacles, and eliminating danger.

     侵害他人人身权益,造成他人严重精神损害的,被侵权人可以请求精神损害赔偿。 Article 22 Where the personal rights and interests of others are infringed upon, causing serious mental damage to others, the infringed person may request compensation for mental damage.

     因防止、制止他人民事权益被侵害而使自己受到损害的,由侵权人承担责任。 Article 23 The infringer shall bear the responsibility for preventing himself from being harmed by preventing or stopping the infringement of the civil rights and interests of others. If the infringer escapes or is unable to bear responsibility, and the infringer requests compensation, the beneficiary shall give appropriate compensation.

     受害人和行为人对损害的发生都没有过错的,可以根据实际情况,由双方分担损失。 Article 24 If neither the victim nor the actor is at fault for the occurrence of the damage, the two parties may share the losses according to the actual situation.

     损害发生后,当事人可以协商赔偿费用的支付方式。 Article 25 After the damage has occurred, the parties may negotiate the method of payment of compensation fees. In case of inconsistency, the compensation fees shall be paid in a lump sum; if it is indeed difficult to make a lump sum payment, it may be paid in installments, but a corresponding guarantee shall be provided.

Chapter III Circumstances of Non-responsibility and Reduction of Liability

     被侵权人对损害的发生也有过错的,可以减轻侵权人的责任。 Article 26 If the infringer is also at fault for the occurrence of the damage, the liability of the infringer can be reduced.

     损害是因受害人故意造成的,行为人不承担责任。 Article 27 Damage is caused intentionally by the victim, and the perpetrator is not liable.

     损害是因第三人造成的,第三人应当承担侵权责任。 Article 28 The damage is caused by a third party, and the third party shall bear the tort liability.

     因不可抗力造成他人损害的,不承担责任。 Article 29 No liability shall be assumed for damages caused to others by force majeure. If the law provides otherwise, such provisions shall be followed.

     因正当防卫造成损害的,不承担责任。 Article 30. No liability shall be borne for damage caused by legitimate defense. If the legitimate defense exceeds the necessary limits and causes undue harm, the legitimate defender shall bear appropriate responsibilities.

     因紧急避险造成损害的,由引起险情发生的人承担责任。 Article 31: Where damage is caused by emergency avoidance, the person who caused the danger shall bear responsibility. If the danger is caused by natural reasons, the emergency risk avoider shall not bear the responsibility or give appropriate compensation. If the emergency hedging measures are taken improperly or exceed the necessary limits, causing unnecessary damage, the emergency hedging person shall bear appropriate responsibilities.

Chapter IV Special Provisions on Responsible Subjects

     无民事行为能力人、限制民事行为能力人造成他人损害的,由监护人承担侵权责任。 Article 32 Where a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. If the guardian has fulfilled his guardianship responsibilities, his tort liability may be reduced.

     If a person with property who has no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, he shall pay compensation from his property. Deficiencies shall be compensated by the guardian.

     完全民事行为能力人对自己的行为暂时没有意识或者失去控制造成他人损害有过错的,应当承担侵权责任;没有过错的,根据行为人的经济状况对受害人适当补偿。 Article 33 A person with full capacity for civil conduct who is temporarily unconscious of his actions or loses control and causes damage to others shall be liable for infringement; if there is no fault, the victim shall be appropriately compensated according to the economic status of the actor.

     A person with full capacity for civil conduct who is temporarily unconscious of his actions due to intoxication, abuse of narcotic drugs or psychotropic substances, or loses control of others, shall be liable for tort.

     用人单位的工作人员因执行工作任务造成他人损害的,由用人单位承担侵权责任。 Article 34 If an employee of an employer causes damage to others as a result of performing a work task, the employer shall bear tort liability.

     During the labor dispatch, if the dispatched worker causes damage to others due to the performance of the work task, the employer who accepts the labor dispatch shall bear the tort liability; if the labor dispatch unit is at fault, it shall bear the corresponding supplementary responsibility.

     个人之间形成劳务关系,提供劳务一方因劳务造成他人损害的,由接受劳务一方承担侵权责任。 Article 35 A labor relationship is formed between individuals. If the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear the tort liability. If a party that provides labor services is harmed by the labor itself, it shall bear corresponding liabilities according to the faults of both parties.

     网络用户、网络服务提供者利用网络侵害他人民事权益的,应当承担侵权责任。 Article 36 Network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear tort liability.

     If a network user commits an infringement by using a network service, the infringed person has the right to notify the network service provider to take necessary measures such as deleting, blocking, and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notification, it shall bear joint and several liability with the network user for the enlarged part of the damage.

     If a network service provider knows that a network user has infringed on the civil rights and interests of others using its network service, and has not taken necessary measures, it shall bear joint and several liability with the network user.

     宾馆、商场、银行、车站、娱乐场所等公共场所的管理人或者群众性活动的组织者,未尽到安全保障义务,造成他人损害的,应当承担侵权责任。 Article 37. Managers of public places such as hotels, shopping malls, banks, stations, entertainment venues, or organizers of mass events who fail to fulfill their obligations of safety protection and cause damage to others shall bear tort liability.

     If the third party's actions cause damage to others, the third party shall bear the tort liability; if the administrator or organizer fails to fulfill the security guarantee obligations, they shall bear the corresponding supplementary liabilities.

     无民事行为能力人在幼儿园、学校或者其他教育机构学习、生活期间受到人身损害的,幼儿园、学校或者其他教育机构应当承担责任,但能够证明尽到教育、管理职责的,不承担责任。 Article 38 If a person with no 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, but can prove that it has fulfilled its education and management duties. Take responsibility.

     限制民事行为能力人在学校或者其他教育机构学习、生活期间受到人身损害,学校或者其他教育机构未尽到教育、管理职责的,应当承担责任。 Article 39 Persons with limited capacity for civil conduct who have suffered personal injury during the study or life of a school or other educational institution, and the school or other educational institution has not fulfilled their education and management responsibilities shall bear responsibility.

     无民事行为能力人或者限制民事行为能力人在幼儿园、学校或者其他教育机构学习、生活期间,受到幼儿园、学校或者其他教育机构以外的人员人身损害的,由侵权人承担侵权责任;幼儿园、学校或者其他教育机构未尽到管理职责的,承担相应的补充责任。 Article 40 If a person without or with limited capacity for civil conduct suffers personal injury from persons outside the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer shall bear tort liability; If a kindergarten, school or other educational institution has not fulfilled its management responsibilities, it shall assume corresponding supplementary responsibilities.

Chapter V Product Liability

     因产品存在缺陷造成他人损害的,生产者应当承担侵权责任。 Article 41 If a product is defective and causes damage to others, the producer shall bear the liability for tort.

     因销售者的过错使产品存在缺陷,造成他人损害的,销售者应当承担侵权责任。 Article 42 If the product is defective due to the seller's fault and causes damage to others, the seller shall bear tort liability.

     If the seller cannot specify the producer of the defective product or the supplier of the defective product, the seller shall bear the tort liability.

     因产品存在缺陷造成损害的,被侵权人可以向产品的生产者请求赔偿,也可以向产品的销售者请求赔偿。 Article 43 In case of damage caused by a defective product, the infringed person may request compensation from the manufacturer of the product or compensation from the seller of the product.

     If a product defect is caused by a producer, the seller has the right to claim compensation from the producer after compensation.

     If the product is defective due to the seller's fault, the producer has the right to claim compensation from the seller after compensation.

     因运输者、仓储者等第三人的过错使产品存在缺陷,造成他人损害的,产品的生产者、销售者赔偿后,有权向第三人追偿。 Article 44 If a product is defective due to the fault of a third party such as a transporter or a warehouser, causing damage to others, the producer or seller of the product has the right to claim compensation from the third party after compensation.

     因产品缺陷危及他人人身、财产安全的,被侵权人有权请求生产者、销售者承担排除妨碍、消除危险等侵权责任。 Article 45 If a product defect jeopardizes the safety of others or their property, the infringed person shall have the right to request the producer or seller to bear the tort liability of obstructing and eliminating danger.

     产品投入流通后发现存在缺陷的,生产者、销售者应当及时采取警示、召回等补救措施。 Article 46 If a product is found to be defective after it is put into circulation, the producer or seller shall promptly take remedial measures such as warning and recall. Failure to take timely remedial measures or ineffective remedial measures to cause damage shall bear tort liability.

     明知产品存在缺陷仍然生产、销售,造成他人死亡或者健康严重损害的,被侵权人有权请求相应的惩罚性赔偿。 Article 47 Where the product is still known to be defective and still be produced or sold, causing death or serious damage to health, the infringed person has the right to request corresponding punitive damages.

Chapter VI Liability for Motor Vehicle Traffic Accidents

     机动车发生交通事故造成损害的,依照道路交通安全法的有关规定承担赔偿责任。 Article 48 In the event of a motor vehicle traffic accident causing damage, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.

     因租赁、借用等情形机动车所有人与使用人不是同一人时,发生交通事故后属于该机动车一方责任的,由保险公司在机动车强制保险责任限额范围内予以赔偿。 Article 49 If the owner of the motor vehicle and the user are not the same person due to leasing, borrowing, etc., and the responsibility of one party of the motor vehicle occurs after a traffic accident, the insurance company shall make compensation within the limits of the compulsory motor vehicle insurance liability. For the shortcomings, 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.

     当事人之间已经以买卖等方式转让并交付机动车但未办理所有权转移登记,发生交通事故后属于该机动车一方责任的,由保险公司在机动车强制保险责任限额范围内予以赔偿。 Article 50 Where a motor vehicle has been transferred and delivered between the parties by way of sale, etc., but the ownership transfer registration has not been completed, and after the occurrence of a traffic accident belongs to the responsibility of one party of the motor vehicle, the insurance company shall make compensation within the scope of the compulsory motor vehicle insurance liability limit. . For the shortcomings, the assignee shall bear the liability for compensation.

     以买卖等方式转让拼装或者已达到报废标准的机动车,发生交通事故造成损害的,由转让人和受让人承担连带责任。 Article 51 If a motor vehicle that has been assembled or has reached the end of life criteria is transferred by means of sale, etc., and a traffic accident causes damage, the transferor and the transferee shall bear joint and several liability.

     盗窃、抢劫或者抢夺的机动车发生交通事故造成损害的,由盗窃人、抢劫人或者抢夺人承担赔偿责任。 Article 52 In the event of a traffic accident resulting from theft, robbery or robbing of a motor vehicle , the burglar, robber or robber shall be liable for compensation. An insurance company that advances salvage expenses within the scope of the compulsory insurance liability limit for motor vehicles shall have the right to claim compensation from the person responsible for the traffic accident.

     机动车驾驶人发生交通事故后逃逸,该机动车参加强制保险的,由保险公司在机动车强制保险责任限额范围内予以赔偿;机动车不明或者该机动车未参加强制保险,需要支付被侵权人人身伤亡的抢救、丧葬等费用的,由道路交通事故社会救助基金垫付。 Article 53 If a motor vehicle driver escapes after a traffic accident, the motor vehicle participating in compulsory insurance shall be compensated by the insurance company within the compulsory insurance liability limit of the motor vehicle; the motor vehicle is unknown or the motor vehicle does not participate in compulsory insurance. If it is necessary to pay the expenses for rescue, funeral, etc. of the injured person, the social assistance fund for road traffic accidents will make advance payments. After the road traffic accident social assistance fund advances, its management agency has the right to recover the compensation from the person responsible for the traffic accident.

Chapter VII Liability for Medical Damage

     患者在诊疗活动中受到损害,医疗机构及其医务人员有过错的,由医疗机构承担赔偿责任。 Article 54 If a patient is damaged during diagnosis and treatment, and the medical institution and its medical staff are at fault, the medical institution shall be liable for compensation.

     医务人员在诊疗活动中应当向患者说明病情和医疗措施。 Article 55 During the diagnosis and treatment activities, medical personnel shall explain the illness and medical measures to patients. If surgery, special examinations, or special treatments are required, medical staff should explain the medical risks, alternative medical plans, etc. to the patient in a timely manner and obtain their written consent; if it is not appropriate to explain to the patient, they should explain to the close relatives of the patient and obtain their Written consent.

     If medical personnel fail to fulfill the obligations in the preceding paragraph and cause damage to the patient, the medical institution shall be liable for compensation.

     因抢救生命垂危的患者等紧急情况,不能取得患者或者其近亲属意见的,经医疗机构负责人或者授权的负责人批准,可以立即实施相应的医疗措施。 Article 56 If an emergency situation such as the rescue of a critically ill patient cannot be obtained from the patient or his close relatives, the corresponding medical measures may be implemented immediately with the approval of the person in charge of the medical institution or an authorized person in charge.

     医务人员在诊疗活动中未尽到与当时的医疗水平相应的诊疗义务,造成患者损害的,医疗机构应当承担赔偿责任。 Article 57 If a medical staff fails to fulfill the obligation of diagnosis and treatment corresponding to the medical level at the time during the diagnosis and treatment activities, causing damage to the patient, the medical institution shall bear the liability for compensation.

     患者有损害,因下列情形之一的,推定医疗机构有过错: Article 58 A patient is presumed to be at fault if the patient has suffered damage due to one of the following circumstances:

     (1) Violating laws, administrative regulations, rules and other relevant regulations for diagnosis and treatment;

     (2) Concealing or refusing to provide medical records related to the dispute;

     (3) Forging, falsifying or destroying medical records.

     因药品、消毒药剂、医疗器械的缺陷,或者输入不合格的血液造成患者损害的,患者可以向生产者或者血液提供机构请求赔偿,也可以向医疗机构请求赔偿。 Article 59 If a patient is damaged due to a defect in a drug, disinfectant, or medical device, or if blood is disqualified, the patient may request compensation from the producer or blood provider, or may request compensation from a medical institution. If a patient requests compensation from a medical institution, the medical institution shall have the right to claim compensation from the responsible producer or blood supply institution after compensation.

     患者有损害,因下列情形之一的,医疗机构不承担赔偿责任: Article 60 The medical institution shall not be liable for compensation if the patient has any damage due to one of the following circumstances:

     (1) The patient or his close relatives do not cooperate with the medical institution to carry out diagnosis and treatment that meets the diagnosis and treatment specifications;

     (2) the medical personnel have fulfilled their reasonable diagnosis and treatment obligations in emergency situations such as saving critically ill patients;

     (3) It is difficult to diagnose and treat due to the current medical level.

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

     医疗机构及其医务人员应当按照规定填写并妥善保管住院志、医嘱单、检验报告、手术及麻醉记录、病理资料、护理记录、医疗费用等病历资料。 Article 61 Medical institutions and their medical personnel shall fill in and properly keep medical records such as hospital records, doctor's orders, inspection reports, surgery and anesthesia records, pathological data, nursing records, medical expenses and other medical records.

     If a patient requests to consult and copy the medical records provided in the preceding paragraph, the medical institution shall provide it.

     医疗机构及其医务人员应当对患者的隐私保密。 Article 62 Medical institutions and their medical staff shall keep patients' privacy confidential. If the patient's privacy is leaked or his medical records are disclosed without the patient's consent, causing damage to the patient, he shall be liable for infringement.

     医疗机构及其医务人员不得违反诊疗规范实施不必要的检查。 Article 63 Medical institutions and their medical personnel shall not conduct unnecessary inspections in violation of the diagnosis and treatment regulations.

     医疗机构及其医务人员的合法权益受法律保护。 Article 64 The legal rights and interests of medical institutions and their medical personnel are protected by law. Anyone who interferes with the medical order and interferes with the work and life of medical personnel shall bear legal responsibility according to law.

Chapter VIII Liability for Environmental Pollution

     因污染环境造成损害的,污染者应当承担侵权责任。 Article 65 Where damage is caused by pollution of the environment, the polluter shall bear tort liability.

     因污染环境发生纠纷,污染者应当就法律规定的不承担责任或者减轻责任的情形及其行为与损害之间不存在因果关系承担举证责任。 Article 66. In the event of a dispute arising from the pollution of the environment, the polluter shall bear the burden of proof on the circumstances under which the law does not assume responsibility or mitigate the liability and there is no causal relationship between his actions and the damage.

     两个以上污染者污染环境,污染者承担责任的大小,根据污染物的种类、排放量等因素确定。 Article 67 Two or more polluters pollute the environment, and the amount of responsibility of the polluters shall be determined according to factors such as the type of pollutants and the amount of emissions.

     因第三人的过错污染环境造成损害的,被侵权人可以向污染者请求赔偿,也可以向第三人请求赔偿。 Article 68 Where damage to the environment is caused by the fault of a third party, the infringed person may request compensation from the polluter or may request compensation from the third party. After compensation, the polluter has the right to claim compensation from a third party.

Chapter IX High Dangerous Liability

     从事高度危险作业造成他人损害的,应当承担侵权责任。 Article 69 Whoever engages in high-risk operations and causes damage to others shall bear tort liability.

     民用核设施发生核事故造成他人损害的,民用核设施的经营者应当承担侵权责任,但能够证明损害是因战争等情形或者受害人故意造成的,不承担责任。 Article 70 In the event of a nuclear accident at a civilian nuclear facility causing damage to others, the operator of the civil nuclear facility shall bear tort liability, but can prove that the damage was caused by war or other circumstances or that the victim deliberately did not bear responsibility.

     民用航空器造成他人损害的,民用航空器的经营者应当承担侵权责任,但能够证明损害是因受害人故意造成的,不承担责任。 Article 71 Where a civil aircraft causes damage to another person, the operator of the civil aircraft shall bear tort liability, but can prove that the damage was caused intentionally by the victim and shall not be liable.

     占有或者使用易燃、易爆、剧毒、放射性等高度危险物造成他人损害的,占有人或者使用人应当承担侵权责任,但能够证明损害是因受害人故意或者不可抗力造成的,不承担责任。 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, but can prove that the damage was caused by the victim's intention or force majeure ,Not liable. If the infringed person commits serious negligence on the occurrence of the damage, the liability of the possessor or user may be reduced.

     从事高空、高压、地下挖掘活动或者使用高速轨道运输工具造成他人损害的,经营者应当承担侵权责任,但能够证明损害是因受害人故意或者不可抗力造成的,不承担责任。 Article 73 If an operator engages in high-altitude, high-pressure, underground excavation activities or uses high-speed rail transportation to cause damage to others, the operator shall bear tort liability, but can prove that the damage was caused by the victim's intention or force majeure, and shall not be held liable. If the infringed person is at fault for the occurrence of the damage, the liability of the operator may be reduced.

     遗失、抛弃高度危险物造成他人损害的,由所有人承担侵权责任。 Article 74 If the loss or abandonment of a highly dangerous substance causes damage to others, the owner shall bear tort liability. Where the owner places highly dangerous materials under the management of others, the administrator shall bear the tort liability; if the owner is at fault, he shall bear joint and several liability with the administrator.

     非法占有高度危险物造成他人损害的,由非法占有人承担侵权责任。 Article 75 If the illegal possession of a highly dangerous substance causes damage to another person, the illegal possessor shall bear tort liability. If the owner or manager fails to prove that he has exercised a high degree of care in preventing illegal possession, he shall bear joint and several liability with the illegal owner.

     未经许可进入高度危险活动区域或者高度危险物存放区域受到损害,管理人已经采取安全措施并尽到警示义务的,可以减轻或者不承担责任。 Article 76 If a person enters a high-risk area or a high-dangerous object storage area without permission, and the manager has taken safety measures and fulfilled his obligation to warn, he may be relieved or not liable.

     承担高度危险责任,法律规定赔偿限额的,依照其规定。 Article 77 If a person is liable for a high degree of danger, and the compensation limit is prescribed by law, such provisions shall be followed.

Chapter X Liability for Animal Damage

     饲养的动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任,但能够证明损害是因被侵权人故意或者重大过失造成的,可以不承担或者减轻责任。 Article 78 If the animal being raised causes damage to another person, the animal keeper or manager shall bear the tort liability, but can prove that the damage was caused by the infringee's intentional or gross negligence, and may not assume or reduce the liability.

     违反管理规定,未对动物采取安全措施造成他人损害的,动物饲养人或者管理人应当承担侵权责任。 Article 79 In case of violation of the management regulations and failure to take safety measures against animals to cause damage to others, the animal keepers or administrators shall bear tort liability.

     禁止饲养的烈性犬等危险动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任。 Article 80 If a dangerous animal such as a stiff dog that is forbidden causes damage to another person, the animal breeder or manager shall bear tort liability.

     动物园的动物造成他人损害的,动物园应当承担侵权责任,但能够证明尽到管理职责的,不承担责任。 Article 81 If an animal in a zoo causes damage to others, the zoo shall bear the liability for infringement, but shall not be liable if it can prove that it has fulfilled its management responsibilities.

     遗弃、逃逸的动物在遗弃、逃逸期间造成他人损害的,由原动物饲养人或者管理人承担侵权责任。 Article 82 If an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original animal breeder or manager shall bear tort liability.

     因第三人的过错致使动物造成他人损害的,被侵权人可以向动物饲养人或者管理人请求赔偿,也可以向第三人请求赔偿。 Article 83 If an animal causes damage to another person due to the fault of a third person, the infringed person may request compensation from the animal breeder or manager, or may request compensation from the third person. The animal keeper or manager has the right to claim compensation from a third person after compensation.

     饲养动物应当遵守法律,尊重社会公德,不得妨害他人生活。 Article 84 Animals shall abide by the law, respect social morality, and shall not obstruct the lives of others.

Chapter XI Liability for Damage to Objects

     建筑物、构筑物或者其他设施及其搁置物、悬挂物发生脱落、坠落造成他人损害,所有人、管理人或者使用人不能证明自己没有过错的,应当承担侵权责任。 Article 85 If a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, the owner, manager or user cannot prove that he is not at fault, and shall be liable for infringement. After the owner, manager or user has compensated, if there are other responsible persons, they have the right to claim compensation from other responsible persons.

     建筑物、构筑物或者其他设施倒塌造成他人损害的,由建设单位与施工单位承担连带责任。 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 liabilities. After the construction unit and the construction unit have compensated, if there are other responsible persons, they have the right to claim compensation from other responsible persons.

     If due to the reasons of other responsible persons, the collapse of a building, structure or other facilities causes damage to others, the other responsible persons shall bear the tort liability.

     从建筑物中抛掷物品或者从建筑物上坠落的物品造成他人损害,难以确定具体侵权人的,除能够证明自己不是侵权人的外,由可能加害的建筑物使用人给予补偿。 Article 87 Throwing items from a building or falling from a building causes damage to others and it is difficult to determine the specific infringer, except for those who can prove that they are not the infringer. .

     堆放物倒塌造成他人损害,堆放人不能证明自己没有过错的,应当承担侵权责任。 Article 88 If the piled items collapse and cause damage to others, and the piled person cannot prove that he is not at fault, he shall be liable for infringement.

     在公共道路上堆放、倾倒、遗撒妨碍通行的物品造成他人损害的,有关单位或者个人应当承担侵权责任。 Article 89 Where any object that impedes the passage of piled, dumped, or scattered objects on the public road causes damage to others, the relevant unit or individual shall bear tort liability.

     因林木折断造成他人损害,林木的所有人或者管理人不能证明自己没有过错的,应当承担侵权责任。 Article 90 If the forest tree breaks and causes damage to others, the owner or manager of the forest tree cannot prove that he is not at fault, he shall bear the tort liability.

     在公共场所或者道路上挖坑、修缮安装地下设施等,没有设置明显标志和采取安全措施造成他人损害的,施工人应当承担侵权责任。 Article 91 In the case of digging pits, repairing and installing underground facilities in public places or roads, etc., without the obvious signs and taking safety measures to cause damage to others, the constructor shall be liable for infringement.

     If underground facilities such as manholes cause damage to others, and the manager cannot prove that he has fulfilled his management duties, he shall be liable for infringement.

Chapter XII Supplementary Provisions

     本法自2010年7月1日起施行。 Article 92 This Law shall enter into force on July 1, 2010.