1. 9 no-fault liabilities in the Tort Liability Law:
(1) If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to another person, the guardian shall bear the responsibility without fault. Liability;
With reference to Article 32 of the Tort Liability Law of the People's Republic of China, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If a guardian fulfills his guardianship responsibilities, his tort liability may be reduced.
(2) If an employer’s staff causes harm to others due to the performance of work tasks, the employer shall bear no-fault liability;
Refer to the "Tort Liability of the People's Republic of China and the State" Article 34 of the Law, if an employer's staff causes damage to others due to the performance of work tasks, the employer shall bear tort liability. During the labor dispatch period, if the dispatched staff causes damage to others due to the performance of work tasks, the employer that accepts the labor dispatch shall bear tort liability; if the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.
(3) If the party providing personal services causes damage to another person due to the service, the party receiving the services shall bear no-fault liability;
Refer to the "Tort Liability Law of the People's Republic of China" Article 35: When a labor relationship is formed between individuals, and if the party providing the labor services causes damage to another person due to the labor services, the party receiving the labor services shall bear tort liability. If the party providing the service suffers damage due to the service, both parties shall bear corresponding liability based on their respective faults.
(4) If a defective product causes damage to others, the manufacturer shall bear no-fault liability;
Refer to Article 40 of the Tort Liability Law of the People's Republic of China Article 1: If a defective product causes damage to others, the producer shall bear tort liability.
(5) In the event of a road traffic accident between a motor vehicle and a pedestrian or non-motor vehicle driver, the motor vehicle party shall bear no-fault liability;
Refer to the "People's Republic of China**" *Article 48 of the Tort Liability Law of the People's Republic of China, if a motor vehicle causes damage in a traffic accident, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.
With reference to Article 76 of the "Road Traffic Safety Law of the People's Republic of China", if a traffic accident involving a motor vehicle causes personal casualties or property losses, the insurance company shall be responsible for the third party liability of the motor vehicle. Compensation shall be made within the liability limit of the compulsory insurance; any shortfall shall be borne by the following provisions:
(1) If a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; both parties shall bear the liability for compensation. Those who are at fault shall share the liability in proportion to their respective faults.
(2) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation; there is evidence to prove that the non-motor vehicle driver or pedestrian is not at fault. If the motor vehicle driver or pedestrian is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, the liability for compensation shall not exceed 10%.
Traffic accident losses are caused by non-motor vehicle drivers and pedestrians intentionally colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
(6) If environmental pollution causes harm to people, the polluter shall bear no-fault liability;
Refer to the 65th Tort Liability Law of the People's Republic of China Article 11: If damage is caused by environmental pollution, the polluter shall bear tort liability.
(7) If the operator engages in high-altitude, high-pressure or underground excavation activities or uses high-speed rail transportation to cause damage to others, the operator shall bear no-fault liability;
Refer to the "People's Republic of China*" **Article 70 of the Tort Liability Law of the People's Republic of China, if a nuclear accident occurs at a civilian nuclear facility and causes damage to others, the operator of the civilian nuclear facility shall bear tort liability, provided it can be proven that the damage was caused by war or other circumstances or intentionally caused by the victim , assumes no responsibility.
With reference to Article 71 of the Tort Liability Law of the People's Republic of China, if a civil aircraft causes damage to others, the operator of the civil aircraft shall bear tort liability, but it can be proven that the damage was caused by the victim. If it is caused intentionally, the person will not be held responsible.
With reference to Article 72 of the Tort Liability Law of the People's Republic of China, if the possessor causes damage to others by possessing or using highly dangerous substances such as flammable, explosive, highly toxic, radioactive, etc., the possessor shall Or the user should bear tort liability, but will not be held liable if it can prove that the damage was caused intentionally or by force majeure on the part of the victim. If the infringed party is grossly negligent in causing the damage, the liability of the possessor or user may be reduced.
With reference to Article 73 of the Tort Liability Law of the People's Republic of China, operators who engage in high-altitude, high-pressure, or underground excavation activities or use high-speed rail transportation tools to cause damage to others shall bear tort liability. However, if it can be proved that the damage was caused intentionally or by force majeure, the victim will not be held liable. If the infringed party is at fault for causing the damage, the operator's liability can be reduced.
With reference to Article 74 of the Tort Liability Law of the People's Republic of China, if a highly dangerous object is lost or abandoned and causes damage to others, the owner shall bear tort liability. If the owner hands over highly dangerous goods to others for management, the manager shall bear tort liability; if the owner is at fault, he shall bear joint and several liability with the manager.
(8) If the raised animals cause damage to others, the animal breeder or manager shall bear no-fault liability;
Refer to the "Tort Liability Law of the People's Republic of China" Article 78: If a raised animal causes damage to another person, the animal breeder or manager shall bear tort liability. However, if it can be proved that the damage was caused intentionally or by gross negligence of the person being infringed, the liability may be waived or reduced.
With reference to Article 79 of the Tort Liability Law of the People's Republic of China, if management regulations are violated and safety measures are not taken for animals causing damage to others, the animal breeder or manager shall bear the tort liability. responsibility.
With reference to Article 80 of the Tort Liability Law of the People's Republic of China, if dangerous animals such as violent dogs that are prohibited from being raised cause damage to others, the animal breeder or manager shall bear tort liability.
With reference to Article 81 of the Tort Liability Law of the People's Republic of China, 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 Take responsibility.
With reference to Article 82 of the Tort Liability Law of the People's Republic of China, 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 the responsibility. Liability for tort.
(9) If a building collapse causes damage to someone, the construction unit and the construction unit shall bear no-fault liability.
With reference to Article 86 of the Tort Liability Law of the People's Republic of China, 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 liability. After the construction unit or construction unit has made compensation, if there are other responsible persons, it has the right to recover compensation from other responsible persons.
2. Eight presumptions of fault liability:
(1) If a person without civil capacity suffers personal injury in an educational institution, the educational institution is presumed to be at fault;
Referring to Article 38 of the Tort Liability Law of the People's Republic of China, 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 assume responsibility, but those who can prove that they have fulfilled their education and management responsibilities will not be held responsible;
(2) If a patient suffers damage due to one of the following circumstances, it is presumed that the medical institution is at fault: violation of laws, administrative regulations, regulations and other regulations on diagnosis and treatment; concealing or refusing to provide medical records related to disputes; forging, tampering with or destroying medical records
Refer to Article 50 of the Tort Liability Law of the People's Republic of China Article 8: If a patient suffers harm due to any of the following circumstances, the medical institution is presumed to be at fault:
(1) Violation of laws, administrative regulations, rules and other regulations related to diagnosis and treatment standards;
< p>(2) Conceal or refuse to provide medical records related to the dispute;(3) Forge, tamper with or destroy medical records.
(3) Presumption of fault liability of owners and managers in illegal possession of highly dangerous goods;
Refer to the 75th Tort Liability Law of the People's Republic of China Article 11: 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 others from illegally possessing the property, he shall bear joint and several liability with the illegal possessor.
(4) If an animal raised in a zoo causes harm to a person, the zoo is presumed to be at fault;
With reference to Article 81 of the Tort Liability Law of the People's Republic of China, Article 81 If a zoo animal causes 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.
(5) If a building, structure or other facility and its resting and hanging objects fall off or fall, causing damage to a person, the owner, manager or user is presumed to be at fault;
With reference to Article 86 of the Tort Liability Law of the People's Republic of China, if a building, structure or other facility collapses and causes damage to others, the construction unit shall bear joint and several liability with the construction unit. After the construction unit or construction unit has made compensation, if there are other responsible persons, it has the right to recover compensation from other responsible persons.
(6) If stacked items collapse and cause damage to persons, the person who stacked them is presumed to be at fault;
Refer to Article 88 of the Tort Liability Law of the People's Republic of China , if the collapse of a piled object causes damage to others, and the person who piled the pile cannot prove that he is not at fault, he shall bear tort liability.
(7) If a tree breaks and causes damage to a person, the owner or manager of the tree is presumed to be at fault;
Refer to Article 9 of the Tort Liability Law of the People's Republic of China Article 10: If the owner or manager of the tree cannot prove that he is not at fault for causing damage to others due to the breaking of a tree, he shall bear tort liability.
(8) If underground construction (including manholes) causes damage to persons, the constructor is presumed to be at fault;
Refer to the 90th Tort Liability Law of the People's Republic of China Article 1: If digging pits, repairing and installing underground facilities, etc. on public places or roads, without setting up obvious signs or taking safety measures and causing damage to others, the constructor 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.
Extended information
With reference to Article 2 of the "Tort Liability Law of the People's Republic of China", infringement of 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, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
With reference to Article 3 of the Tort Liability Law of the People's Republic of China, the infringed party has the right to request the infringer to bear tort liability.
With reference to Article 4 of the Tort Liability Law of the People's Republic of China, if the infringer should bear administrative liability or criminal liability for the same act, this does not affect the liability for tort in accordance with the law. If the tort liability, administrative liability, and criminal liability should be borne for the same act, and the infringer's property is insufficient to pay, the tort liability shall be borne first.
With reference to Article 15 of the Tort Liability Law of the People's Republic of China, the main ways to bear tort liability are:
(1) Stop the infringement;
(2) Remove obstacles;
(3) Eliminate danger;
(4) Return property;
(5) Restore the original status;
p>
(6) Compensate for losses;
(7) Make an apology;
(8) Eliminate the impact and restore reputation.
The above methods of bearing infringement liability can be applied individually or in combination.
With reference to Article 16 of the Tort Liability Law of the People's Republic of China, who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation. expenses, and lost income due to lost work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.
With reference to Article 17 of the Tort Liability Law of the People's Republic of China, if multiple deaths are caused by the same tort, death compensation can be determined in the same amount.
Hanzhong Municipal People's Government - Tort Liability Law of the People's Republic of China