The "Tort Liability Law" will be implemented from July 1, 2010. As an important part of private law, the tort law plays a crucial role in compensating for damages and protecting people's legitimate rights and interests. Following the Property Law, the Tort Liability Law is another important supporting law in the Civil Code.
1. First-time explicit recognition of mental damage compensation.
Article 22 of the Tort Liability Law stipulates that if the infringement of personal rights causes serious mental harm to others, the victim can request compensation for mental damage. This is the first time that mental damage compensation has been explicitly recognized in Chinese law, clarifying the amount and calculation methods of death compensation and disability compensation, which include mental damage compensation.
2. Establishing the "equal value for equal life" compensation principle, reflecting equality of rights.
Article 17 of the Tort Liability Law stipulates that if multiple deaths are caused by the same tortious act, the death compensation can be determined at the same amount. According to previous judicial practice, the calculation of death compensation was based on factors such as urban or rural identity, income level, and regional differences, leading to victims in the same case having "different values for the same life." The Tort Liability Law stipulates that in handling major traffic accidents and mine accidents, individual differences can be disregarded, and the death compensation can be determined at the same amount. This clause reflects the principle of equality of rights.
3. Vehicle rental incidents, owner not liable.
Article 49 of the Tort Liability Law stipulates: In cases where the motor vehicle owner and user are not the same due to leasing, borrowing, etc., and a traffic accident occurs, the insurance company shall compensate within the compulsory insurance liability limit of the motor vehicle. Any shortfall shall be compensated by the motor vehicle user; if the motor vehicle owner is at fault for the damage, they shall bear corresponding liability. Article 50: If a motor vehicle has been transferred and delivered through sale but the ownership transfer registration has not been processed, and a traffic accident occurs, the insurance company shall compensate within the compulsory insurance liability limit of the motor vehicle. Any shortfall shall be compensated by the transferee.
4. Online infringement, included in legal protection.
Article 36 of the Tort Liability Law stipulates that if a network user uses network services to commit tortious acts, the aggrieved party has the right to notify the network service provider to take necessary measures such as deletion, shielding, or disconnection of links. If the network service provider fails to take necessary measures after receiving the notice, they shall bear joint liability for the expanded damage with the network user. If the network service provider knows that the network user uses their network services to infringe upon the civil rights and interests of others and fails to take necessary measures, they shall bear joint liability with the network user. The Tort Liability Law adopts two rules for online infringement cases: one is the notification rule, where the information posted online may not be known by the network operator as constituting an infringement, making it difficult to judge. Therefore, the aggrieved party must first propose this, requesting the network operator to delete, shield, or disconnect links. If the network operator does not take these measures within a reasonable time, they will bear tort liability. The other is the knowledge rule, where if the network operator knows that the information constitutes an infringement but still does not take measures, allowing its publication and dissemination, they do not need any notification and must bear responsibility.
5. Product defects causing damage compensation.
Article 41 of the Tort Liability Law clearly stipulates that if a product defect causes harm to others, the manufacturer shall bear tort liability. Articles 42-44 of the Tort Liability Law stipulate that if a product defect is caused by the seller's fault, resulting in harm to others, the seller shall bear tort liability. If a third party, such as transportation or storage personnel, is at fault for the product defect, causing harm to others, the product manufacturer and seller have the right to seek compensation from the third party after compensating. Additionally, Article 47 of the Tort Liability Law stipulates that if a manufacturer or seller knowingly continues to produce or sell defective products, causing death or serious health damage to others, the aggrieved party has the right to request corresponding punitive damages.
6. Employee infringement, employer liable.
Article 35 of the Tort Liability Law stipulates that in personal labor relationships, if one party providing labor causes harm to others, the party accepting the labor shall bear tort liability. If the party providing labor suffers harm themselves due to the labor, both parties shall bear corresponding responsibilities according to their respective faults.
7. Focus on patient rights.
Article 56 of the Tort Liability Law stipulates that in emergency situations such as rescuing critically ill patients, if it is impossible to obtain the opinion of the patient or their close relatives, medical measures can be immediately implemented with the approval of the head of the medical institution or an authorized person. If medical staff fail to fulfill their diagnostic obligations commensurate with the current medical standards during diagnosis and treatment, causing harm to the patient, the medical institution shall bear compensation liability. Article 62 stipulates that medical institutions and their medical staff shall keep the patient's privacy confidential. If the patient's privacy is disclosed or their medical records are made public without consent, causing harm to the patient, they shall bear tort liability. Article 63 stipulates that medical institutions and their medical staff shall not conduct unnecessary examinations in violation of diagnostic norms.
Source: http://www.law-gd.com/lvshishuofa/QinQuanZeRenFa_LiangDianJieDu/