The People's Republic of China tort liability law

(No. 21)
The the People's Republic of China Tort Liability Law, as adopted at the 12th Meeting 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 force on July 1, 2010.

the People's Republic of China President Hu Jintao
December 26, 2009

the People's Republic of China tort liability law
(Adopted at the 12th Session of the Standing Committee of the Eleventh National People's Congress on December 26, 2009)

Directory
Chapter I General Provisions
Chapter II Composition and Mode of Responsibility
Chapter III. Cases of non-liability and mitigation of liability
Chapter IV Special Provisions on the Subject of Responsibility
Chapter V Product Liability
Chapter VI Liability for Motor Vehicle Traffic Accidents
Chapter VII Liability for Medical Damage
Chapter VIII Responsibility for Environmental Pollution
Chapter IX Highly Dangerous Liability
Chapter X Liability for Damage Caused by Raising Animals
Chapter XI Liability for Damage to Objects
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1
In order to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and punish torts, and promote social harmony and stability, this law is formulated.
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, usufructuary rights, security rights, copyright, patent rights, trademark exclusive rights, discovery rights, equity, inheritance rights and other personal and property rights and interests.
Article 3 The infringed shall have the right to request the infringer to bear tort liability.
Article 4 Where the infringer shall bear administrative or criminal liability for the same act, it shall not affect the tort liability according to law.
If the infringer's property is insufficient to pay for the same act, he shall bear the tort liability first.
Article 5 Where other laws have special provisions on tort liability, such provisions shall prevail.
 
Chapter II Composition and Mode of Responsibility
ARTICLE VI
If the perpetrator infringes upon the civil rights and interests of others through fault, he shall bear tort liability.
If the perpetrator is presumed to be at fault according to the law, and the perpetrator cannot prove that he is not at fault, he shall bear tort liability.
Article 7 If the perpetrator damages the civil rights and interests of others, regardless of whether the perpetrator is at fault or not, the law stipulates that he shall bear tort liability, in accordance with its provisions.
Article 8 Where two or more persons jointly commit an infringing act and cause damage to others, they shall be jointly and severally liable.
Article 9 Anyone who instigates or helps others to commit an infringing act shall be jointly and severally liable with the perpetrator.
Whoever instigates or helps a person with no capacity for civil conduct or a person with limited capacity for civil conduct to commit a tort shall bear the tort liability; if the guardian of the person with no capacity for civil conduct or a person with limited capacity for civil conduct fails to fulfill the guardianship liability, he shall bear the corresponding liability.
Article 10 If two or more persons commit acts endangering the personal and property safety of others, and the acts of one or more of them cause damage to others, and the specific infringer can be determined, the infringer shall bear the responsibility; if the specific infringer cannot be determined, the perpetrator shall bear joint and several Liability.
Article 11 Where two or more persons separately commit the tort and cause the same damage, and each person's tort is sufficient to cause all the damage, the perpetrators shall bear joint and several liability.
Article 12 If two or more persons respectively commit a tort and cause the same damage, and the size of the liability can be determined, each shall bear the corresponding liability; if it is difficult to determine the size of the liability, the average liability shall be borne.
Article 13 Where the law provides for joint and several liability, the infringed shall have the right to request some or all of the joint and several responsible persons to bear the liability.
Article 14 The joint and several responsible persons shall determine the corresponding amount of compensation according to the size of their respective responsibilities; if it is difficult to determine the size of their responsibilities, they shall be equally liable for compensation.
Those who are jointly and severally liable for paying more than their own compensation shall have the right to recover the compensation from the other jointly and severally liable persons.
Article 15 The main ways of assuming tort liability are:
(I) cessation of violations;
(II) removal of obstruction;
(III) elimination of danger;
(IV) return of property;
(V) restitution;
(VI) compensation for losses;
(VII) apologize;
(VIII) to eliminate the impact and restore reputation.
The above ways of assuming tort liability may be applied separately or in combination.
Article 16 Where an infringement causes personal injury to another person, it shall compensate for the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, etc., as well as the income reduced by the absence of work. If disability is caused, compensation shall also be paid for disability living aids and disability compensation. If death is caused, the funeral expenses and death compensation shall also be compensated.
Article 17 Where the same infringing act causes the death of more than one person, the compensation for death may be determined in the same amount.
Article 18 In the event of the death of the infringed, his close relatives shall have the right to request the infringer to bear tort liability. If the infringed person is a unit, and the unit is divided or merged, the unit that inherits the rights has the right to request the infringer to bear the tort liability.
In the event of the death of the infringed, the person who paid the medical expenses, funeral expenses and other reasonable expenses of the infringed shall have the right to claim compensation from the infringer, except where the infringer has already paid such expenses.
Article 19 Where the property of another person is infringed upon, the loss of the property shall be calculated in accordance with the market price at the time of the loss or by other means.
Article 20 Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed; if the losses of the infringed are difficult to determine and the infringer obtains benefits as a result, compensation shall be made according to the benefits obtained by the infringer; if the interests obtained by the infringer are difficult to determine and the infringer and the infringer do not agree on the amount of compensation, the people's court shall determine the amount according to determine the amount.
Article 21 Where a tort endangers the personal and property safety of others, the infringed may request the infringer to bear tort liability such as stopping the infringement, removing obstacles and eliminating dangers.
Article 22 Where the infringement upon the personal rights and interests of others causes serious mental damage to others, the infringed may claim compensation for mental damage.
Article 23 Where one is harmed by preventing or stopping the infringement of the civil rights and interests of others, the infringer shall be liable. If the infringer escapes or is unable to bear the responsibility, and the infringed person requests compensation, the beneficiary shall give appropriate compensation.
Article 24 If neither the victim nor the actor is at fault for the occurrence of the damage, the loss may be shared by both parties according to the actual situation.
Article 25 After the damage occurs, the parties may negotiate the method of payment of the compensation costs. If there is no agreement through consultation, the compensation fee shall be paid in one lump sum; if it is really difficult to pay in one lump sum, it may be paid in installments, but the corresponding guarantee shall be provided.
 
Chapter III. Cases of non-liability and mitigation of liability
Article 26
If the infringed is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.
Article 27 The perpetrator shall not be liable for the damage caused intentionally by the victim.
Article 28 If the damage is caused by a third party, the third party shall bear tort liability.
Article 29 Where damage is caused to another person due to force majeure, he shall not be liable. Where the law provides otherwise, such provisions shall prevail.
Article 30 No liability shall be borne for damage caused by justifiable defense. If justifiable defense exceeds the necessary limit and causes undue damage, the justifiable defender shall bear appropriate responsibility.
Article 31 Where damage is caused by emergency avoidance, the person who caused the danger shall bear the responsibility. If the danger is caused by natural causes, the emergency refuge person shall not be liable or shall give appropriate compensation. If the emergency avoidance measures are improper or exceed the necessary limits, causing undue damage, the emergency avoidance person shall bear appropriate responsibility.
 
Chapter IV Special Provisions on the Subject of Responsibility
Article 32
If a person without civil capacity or a person with limited civil capacity causes damage to another person, the guardian shall bear the tort liability. If the guardian does his duty of guardianship, his tort liability may be reduced.
If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to another person, he shall pay compensation from his own property. Insufficient part, by the guardian compensation.
Article 33 If a person with full capacity for civil conduct is at fault for causing damage to others due to his temporary lack of consciousness or loss of control over his own conduct, he shall bear tort liability; if there is no fault, the victim shall be appropriately compensated according to the economic situation of the perpetrator.
If a person with full civil capacity causes damage to others due to his or her temporary lack of consciousness or loss of control over his or her own behavior due to drunkenness, abuse of narcotic drugs or psychotropic drugs, he or she shall bear tort liability.
Article 34 If a staff member of an employing unit causes damage to others due to the performance of work tasks, the employing unit shall bear tort liability.
During the period of labor dispatch, if the dispatched staff members cause damage to others due to the performance of their work tasks, the employer receiving the labor dispatch shall bear the 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 labor services causes damage to others due to labor services, the party receiving labor services shall bear tort liability. If the party providing labor services suffers damage due to its own labor services, it shall bear corresponding responsibilities according to the respective faults of both parties.
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 uses a network service to commit an infringement, the infringed person 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 time after receiving the notice, it shall be jointly and severally liable with the network user for the expanded part of the damage.
If a network service provider knows that a network user uses its network service to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall bear joint and several liability with the network user.
Article 37 Managers of public places such as hotels, shopping malls, banks, railway stations, places of entertainment or organizers of mass activities who fail to fulfill their obligations of safety and security and cause damage to others shall bear tort liability.
If the act of a third party causes damage to others, the third party shall bear the tort liability; if the administrator or organizer fails to fulfill the obligation of safety guarantee, it 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 the responsibility, but if it can be proved that it has fulfilled its education and management duties, it shall not be held liable.
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 educational and administrative duties, it shall be liable.
Article 40 If a person without civil capacity or a person with limited civil capacity suffers personal injury from a person other than a kindergarten, school or other educational institution during his study or life in a kindergarten, school or other educational institution, the infringer shall bear the tort liability; if the kindergarten, school or other educational institution fails to fulfill its management duties, it shall bear the corresponding supplementary liability.
 
Chapter V Product Liability
Article 41
If the product is defective and causes damage to others, the producer shall bear the tort liability.
Article 42 If the product is defective due to the fault of the seller 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 tort liability.
Article 43 Where damage is caused by a defect in a product, the infringed may claim compensation from the producer of the product or from the seller of the product.
If the product defect is caused by the producer, the seller shall have the right to recover from the producer after compensation.
If the product is defective due to the seller's fault, the producer shall have the right to recover from the seller after paying compensation.
Article 44 If a product is defective due to the fault of a third party such as a transporter or storekeeper, causing damage to others, the producer or seller of the product shall have the right to claim compensation from the third party.
Article 45 If a product defect endangers the personal and property safety of others, the infringed shall have the right to request the producer or seller to bear tort liability such as removing obstacles and eliminating dangers.
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 remedial measures in a timely manner or ineffective remedial measures that cause damage shall bear tort liability.
Article 47 If a product is still produced or sold knowing that there are defects, causing death or serious damage to the health of others, the infringed shall have the right to claim corresponding punitive damages.
 
Chapter VI Liability for Motor Vehicle Traffic Accidents
Article 48
In the event of damage caused by a traffic accident on a motor vehicle,Road Traffic Safety Lawthe relevant provisions of the liability.
Article 49 When the owner and the user of a motor vehicle are not the same person due to leasing, borrowing, etc., if the motor vehicle is the liability of one party after a traffic accident, the insurance company shall compensate within the limit of compulsory motor vehicle insurance liability. For the insufficient part, 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 If the parties have transferred and delivered the motor vehicle by means of sale and other means but have not registered for the transfer of ownership, and the liability of one party to the motor vehicle after a traffic accident occurs, the insurance company shall pay compensation within the limit of compulsory motor vehicle insurance liability. The assignee shall be liable for the shortfall.
Article 51 If a motor vehicle that has been assembled or has reached the standard for scrapping is transferred by means of sale, etc., and damage is caused by a traffic accident, the transferor and the transferee shall bear joint and several liability.
Article 52 If a traffic accident occurs in a motor vehicle stolen, robbed or snatched, the thief, robber or robber shall be liable for compensation. If the insurance company advances the rescue expenses within the scope of the compulsory motor vehicle insurance liability limit, it shall have the right to recover the 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 participates in compulsory insurance, the insurance company shall compensate within the scope of the motor vehicle compulsory insurance liability limit; if the motor vehicle is unknown or the motor vehicle does not participate in compulsory insurance, if it is necessary to pay the rescue and funeral expenses of the personal injury or death of the infringed person, it shall be paid in advance by the social assistance fund for road traffic accidents. After the social assistance fund for road traffic accidents advances, its management agency has the right to recover from the person responsible for the traffic accident.
 
Chapter VII Liability for Medical Damage
Article 54
If the patient is damaged in the 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 patient's condition and medical measures during the diagnosis and treatment activities. If surgery, special examination and special treatment are needed, medical personnel shall timely explain the medical risks and alternative medical schemes to the patients and obtain their written consent; if it is not appropriate to explain to the patients, they shall explain to the close relatives of the patients and obtain their written consent.
If the medical staff fails to fulfill the obligations in the preceding paragraph and causes damage to the patient, the medical institution shall be liable for compensation.
Article 56 If the opinions of the patient or his close relatives cannot be obtained due to emergency circumstances such as rescuing a patient who is in critical condition, the corresponding medical measures may be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.
Article 57 If medical personnel fail to fulfill the obligation of diagnosis and treatment corresponding to the medical level at that time in the diagnosis and treatment activities, and cause damage to the patient, the medical institution shall be liable for compensation.
Article 58 The medical institution is presumed to be at fault if the patient is harmed due to one of the following circumstances:
(I) violation of laws, administrative regulations, rules and other relevant provisions of diagnosis and treatment standards;
(II) conceal or refuse to provide medical records related to the dispute;
(III) falsify, falsify or destroy medical records.
Article 59 If a patient is harmed due to a defect in a drug, disinfectant or medical device, or by the input of substandard blood, the patient may claim compensation from the producer or blood supply organization, or from a medical institution. If a patient requests compensation from a medical institution, the medical institution shall, after making the compensation, have the right to recover the compensation from the responsible producer or blood supply institution.
Article 60 A medical institution shall not be liable for compensation if a patient has suffered damage due to any of the following circumstances:
(I) patients or their close relatives do not cooperate with medical institutions to carry out diagnosis and treatment in accordance with the standard of diagnosis and treatment;
(II) medical personnel have done their duty of reasonable diagnosis and treatment in emergency situations such as rescuing dying patients;
(III) limited to the medical level at that time, it was difficult to diagnose and treat.
In the case of the first paragraph of the preceding paragraph, if the medical institution and its medical personnel are also at fault, they shall bear the corresponding liability for compensation.
Article 61 Medical institutions and their medical personnel shall fill in and properly keep medical records such as hospitalization records, medical orders, inspection reports, surgical and anesthetic records, pathological data, nursing records, medical expenses and other medical records in accordance with regulations.
If the patient requests to consult or copy the medical records specified in the preceding paragraph, the medical institution shall provide them.
Article 62 Medical institutions and their medical personnel shall keep the privacy of patients confidential. Whoever divulges the privacy of a patient or discloses his or her medical records without the patient's consent, thus causing damage to the patient, shall bear tort liability.
Article 63 Medical institutions and their medical personnel shall not carry out unnecessary examinations in violation of the diagnosis and treatment norms.
Article 64 The lawful rights and interests of medical institutions and their medical personnel shall be protected by law. Any person who interferes with the medical order and hinders the work and life of medical personnel shall bear legal responsibility in accordance with the law.
 
Chapter VIII Responsibility for Environmental Pollution
Article 65
Where damage is caused by environmental pollution, the polluter shall bear tort liability.
Article 66 In the event of a dispute arising from environmental pollution, the polluter shall bear the burden of proof for the circumstances of non-liability or mitigation of liability provided for by law and the absence of a causal relationship between his actions and the damage.
Article 67 Where two or more polluters pollute the environment, the extent of the responsibility of the polluters shall be determined on the basis of such factors as the type and discharge of the pollutants.
Article 68 Where damage is caused by environmental pollution due to the fault of a third party, the infringed party may claim compensation from the polluter or from the third party. After the polluter has paid compensation, he has the right to recover from a third party.
 
Chapter IX Highly Dangerous Liability
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 in a civil nuclear facility and causes damage to others, the operator of the civil nuclear facility shall bear tort liability, but shall not be liable if it can prove that the damage was caused by war or other circumstances or intentionally caused by the victim.
Article 71 Where a civil aircraft causes damage to another person, the operator of the civil aircraft shall bear tort liability, but shall not be liable if he can prove that the damage was caused intentionally by the victim.
Article 72 Where the possession or use of inflammable, explosive, highly toxic, radioactive and other highly dangerous substances causes damage to others, the possessor or user shall bear tort liability, but shall not be liable if it can be proved that the damage was caused by the victim intentionally or by force majeure. If the infringed party is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced.
Article 73 Where an operator engages in high-altitude, high-pressure, underground excavation activities or uses high-speed rail transportation tools to cause damage to others, the operator shall bear tort liability, but it shall not be liable if it can prove that the damage was caused by the victim intentionally or by force majeure. If the infringed party is negligent in the occurrence of the damage, the liability of the operator may be reduced.
Article 74 If the loss or abandonment of highly dangerous goods causes damage to others, the owner shall bear tort liability. If the owner hands over the highly dangerous goods to others for management, the administrator shall bear the tort liability; if the owner is at fault, he shall bear joint and several liability with the administrator.
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 the illegal possession of others, he shall be jointly and severally liable with the illegal possessor.
Article 76 If an unauthorized entry into a highly hazardous activity area or a highly hazardous material storage area is damaged, and the manager has taken safety measures and fulfilled the warning obligation, the responsibility may be reduced or not.
Article 77 Where liability for high danger is assumed and the law provides for a limit of compensation, such provisions shall apply.
 
Chapter X Liability for Damage Caused by Raising Animals
Article 78
If the animal raised causes damage to another person, the animal keeper or manager shall bear the tort liability, but if it can be proved that the damage was caused by the intentional or gross negligence of the infringed, the liability may not be borne or reduced.
Article 79 If the animal breeder or manager violates the management regulations and fails to take safety measures to animals and causes damage to others, the animal keeper or manager shall bear tort liability.
Article 80 Where a dangerous animal such as a strong dog that is prohibited from raising causes damage to others, the animal keeper or manager shall bear tort liability.
Article 81 If animals in a zoo cause 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 others due to the fault of a third party, the infringed party may request compensation from the animal keeper or manager, or from the third party. After paying compensation, the animal keeper or manager shall have the right of recourse against a third party.
Article 84 In keeping animals, people shall abide by the law, respect social morality and may not impair the lives of others.
 
Chapter XI Liability for Damage to Objects
Article 85
If a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user has paid compensation, if there are other responsible persons, they shall have the right to recover compensation from the other responsible persons.
Article 86 If the collapse of a building, structure or other facility 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, they shall have the right to recover compensation from other responsible persons.
If the collapse of a building, structure or other facility causes damage to others due to the reasons of other responsible persons, the other responsible persons shall bear the tort liability.
Article 87: Where objects thrown from a building or objects falling from a building cause damage to others, and it is difficult to determine the specific infringer, the user of the building who may cause the damage shall be compensated, unless he can prove that he is not the infringer.
Article 88 If the collapse of the stacked objects causes damage to others, and the stacker cannot prove that he is not at fault, he shall bear tort liability.
Article 89 Where objects obstructing the passage are piled up, 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 a forest tree cannot prove that he is not at fault due to the breakage of a forest tree, he shall bear tort liability.
Article 91 If digging holes in public places or roads, repairing and installing underground facilities, etc., without setting up obvious signs and taking safety measures, causing damage to others, the constructors 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.
 
Chapter XII Supplementary Provisions
Article 92 This Law shall enter into force as of July 1, 2010.