《侵权责任法》英文版Word格式.docx

1、President of the People s Republic of China: Hu JintaoDecember 26, 2009Tort Law of the People Adopted at the 12th session of the Standing Committee of the Eleventh National People s Congress on December 26, 2009Table of ContentsChapter I General ProvisionsChapter II Constituting Liability and Method

2、s of Assuming LiabilityChapter III Circumstances to Waive Liability and Mitigate LiabilityChapter IV Special Provisions onTortfeasorsChapter V Product LiabilityChapter VI Liability for Motor Vehicle Traffic AccidentChapter VII Liability for Medical MalpracticeChapter VIII Liability for Environmental

3、 PollutionChapter IX Liability for Ultrahazardous ActivityChapter X Liability for Harm Caused by Domestic AnimalChapter XI Liability for Harm Caused by ObjectChapter XII Supplementary ProvisionArticle 1 In order to protect the legitimate rights and interests of parties in civil law relationships, cl

4、arify the tort liability, prevent and punish tortious conduct, and promote the social harmony and stability, this Law is formulated.Article 2 Those who infringe upon civil rights and interests shall be subject to the tort liability according to this Law.“Civil rights and interests ” used in this Law

5、 shall include the right to life, the right to health, the right to name, the right to reputation, the right to honor, right to self image, right of privacy, marital autonomy, guardianship, ownership, usufruct, security interest, copyright, patent right, exclusive right to use a trademark, right to

6、discovery, equities, right of succession, and other personal and property rights and interests.Article 3 The victim of a tort shall be entitled to require the tortfeasor to assume the tort liability.Article 4 Where a tortfeasor shall assume administrative liability or criminal liability for the same

7、 conduct, it shall not prejudice the tort liability that the tortfeasor shall legally assumeWhere the assets of a tortfeasor are not adequate for payments for the tort liability and administrative liability or criminal liability for the same conduct, the tortfeasor shall first assume the tort liabil

8、ity.Article 5 Where any other law provides otherwise for any tort liability in particular, such special provisions shallprevail.Article 6 One who is at fault for infringement upon a civil right or interest of another person shall be subject to the tort liability.One who is at fault as construed acco

9、rding to legal provisions and cannot prove otherwise shall be subject to the tort liability.Article 7 One who shall assume the tort liability for infringing upon a civil right or interest of another person, whether at fault or not, as provided for by law, shall be subject to such legal provisions.Ar

10、ticle 8 Where two or more persons jointly commit a tort, causing harm to another person, they shall be liable jointly and severally.Article 9 One who abets or assists another person in committing a tort shall be liable jointly and severally with the tortfeasor.教唆One who abets or assists a person who

11、 does not have civil conduct capacity or only has limited civil conduct capacity in committing a tort shall assume the tort liability; the guardian of such a person without civil conduct capacity or with limited civil conduct capacity shall assumethe relevant liability if failing to fulfill his guar

12、dian duties.Article 10 Where two or more persons engage in a conduct that endangers the personal or property safety of another person, if only the conduct of one or several of them causes harm to another person and the specific tortfeasor can be determined, the tortfeasor shall be liable; or if the

13、specific tortfeasor cannot be determined, all of them shall be liable jointly and severally.Article 11 Where two or more persons commit torts respectively, causing the same harm, and each tort is sufficient to cause the entire harm, the tortfeasors shall be liable jointly and severally.Article 12 Wh

14、ere two or more persons commit torts respectively, causing the same harm, if the seriousness of liability of each tortfeasor can be determined, the tortfeasors shall assume corresponding liabilities respectively; or if the seriousness of liability of each tortfeasor is hard to be determined, the tor

15、tfeasors shall evenly assume the compensatory liability.Article 13 Where the joint and several liability shall be assumedby the tortfeasors according to law, the victim of torts shall be entitled to require some or all of the tortfeasors to assume the liability.Article 14 The compensation amounts co

16、rresponding to the tortfeasors who are jointly and severally liable shall be determined according to the seriousness of each tortfeasor; and if the seriousnessof each tortfeasor cannot be determined, the tortfeasors shall evenly assume the compensatory liability.A tortfeasor who has paid an amount o

17、f compensation exceeding his contribution shall be entitled to be reimbursed by the other tortfeasors who are jointly and severally liable.Article 15 The methods of assuming tort liabilities shall include:1.cessatiorof infringement; 停止2.removal of obstruction;3.elimination of danger;4.return of prop

18、erty;5.restoration to the original status;恢复pensation for losses;7.apology; and8.elimination of consequences and restoration of reputation.The above methods of assuming the tort liability may be adopted individually orjointly.Article 16 Where a tort causes any personal injury to another person, the

19、tortfeasor shall compensate the victim for the reasonable costs and expenses for treatment and rehabilitation, such as medical treatment expenses, nursing fees and travel expenses, as well as the lost wages. If the victim suffers any disability, the tortfeasor shall also pay the costs of disability

20、assistance equipmentfor the living of the victim and the disability indemnity. If it causes the death of the victim, the tortfeasor shall also pay the funeral service fees and the death compensation.Article 17 Where the same tort causes the deaths of several persons, a uniform amount of death compen

21、sation may be determined.Article 18 Where a tort causes the death to the victim, the close relative of the victim shall be entitled to require the tortfeasor to assume thtort liability. Where the victim of a tort, which is an entity, is split or merged, the entity succeeding to the rights of the vic

22、tim shall be entitled to require the tortfeasor to assume the tort liability.Where a tort causes the death to the victim, those who have paid the medical treatment expenses, funeral service fees and other reasonable costs and expenses for the victim shall be entitled to require the tortfeasor to com

23、pensate them for such costs and expenses, except that the tortfeasor has already paid such costs and expenses.Article 19 Where a tort causes any harm to the property of another person, the amount of loss to the property shall be calculated as per the market price at the time of occurrence of the los

24、s or calculated otherwise.Article 20 Where any harm caused by a tort to a personal right or interest of another person gives rise to any loss to the property of the victim of the tort, the tortfeasor shall make compensation as per the loss sustained by the victim as the result of the tort. If the lo

25、ss sustained by the victim is hard to be determined and the tortfeasor obtains any benefit from the tort, the tortfeasor shall make compensation as per the benefit obtained by it. If the benefit obtained by the tortfeasor from the tort is hard to be determined, the victim and the tortfeasor disagree

26、 to the amount of compensation after consultation, and an acbn is brought to a people s court, the people s court shal determine the amount of compensation based on the actual situations.Article 21 Where a tort endangers the personal or property safety of another person, the victim of the tort may r

27、equire the tortfeasor to assume the tort liabilities including but not limited to cession of infringement, removal of obstruction and elimination of danger.Article 22 Where any harm caused by a tort to a personal right or interest of another person inflicts a serious mental distresson the victim of

28、the tort , the victim of the tort may require compensation for the infliction of mental distress.给予Article 23 Where one sustains any harm as the result of preventing or stopping the infringement upon the civil right or interest of another person, the tortfeasor shall be liable for the harm. If the t

29、ortfeasor flees or is unable to assume the liability and the victim of the tort requires compensation, the beneficiary shall properly make compensation.Article 24 Where neither the victim nor the actor is at fault for the occurrence of a damage, both of them may share the damage based on the actual

30、situations.Article 25 After the occurrence of any harm, the parties may consult each other about the methods to pay for compensations. If the consultation fails, the compensations shall be paid in a lump sum. If it is hard to make the payment in a lump sum, the payment may be made in installments bu

31、t a corresponding security shall be provided.Article 26 Where the victim of a tort is also at fault as to the occurrence of harm, the liability of the tortfeasor may be mitigated 减轻的Article 27 The actor shall not be liable for any harm that is caused intentionally by the victim.Article 28 Where any harm is caused by a third party,