The Tort Liability Law has been abolished at present. According to the Civil Code, sexual rights include: life, health, name, reputation, honor, portrait, privacy, marital autonomy, custody, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right, inheritance right and other personal rights and property rights.
Second, what is the principle of imputation of tort?
1, principle of fault liability
It refers to taking fault as the final element of imputation. That is, the actor's tort causes damage to the other party, and the actor must be subjectively at fault to bear the corresponding civil liability. Fault liability is the general imputation principle of tort liability, which is applicable to general tort except special tort stipulated by laws and regulations.
2, the principle of presumption of fault liability
It means that based on the special provisions of the law, it is presumed that the actor is at fault and should bear tort liability unless the actor can prove that he is not at fault.
The principle of presumption of fault liability mainly includes:
(1) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle driver shall apply the fault presumption;
(2) If buildings, structures or other facilities, their shelving and hanging objects fall off or fall, and buildings, structures or other facilities collapse and cause damage to people, and stacked objects cause damage to people, the presumption of fault shall apply;
(3) If the forest breaks and causes damage to others, the presumption of fault of the forest owner or manager shall apply;
(4) When animals cause damage to people in zoos, the presumption of fault should be applied to zoos;
(5) If kindergartens, schools or other educational institutions fail to fulfill their educational management responsibilities and cause personal injury to people without or with limited capacity for civil conduct who study and live in them, the educational institutions shall bear corresponding responsibilities, except those who can prove that they have fulfilled their management responsibilities. & lt& lt& lt& lt related suggestions: Infringement of performance rights and related legal provisions.
3, the principle of no-fault liability
Also known as the principle of strict liability, it means that based on the special provisions of the law, the victim can prove that the damage is caused by the behavior or object of the actor, and the actor should bear civil liability, regardless of whether there is subjective fault or not, unless the actor can prove that there is a legitimate defense.
At present, the legal provisions of liability without fault mainly include:
(1) If the ward causes damage to others, the guardian shall bear no-fault liability;
(two) the employer shall bear no-fault liability for the behavior of employees infringing on others;
(3) labor relations are formed between individuals, and the party providing labor services causes damage to others because of labor services, and the party receiving labor services bears tort liability;
(4) When the product defect causes personal injury, the producer shall bear no-fault liability;
(5) If highly dangerous operations cause personal injury, the infringer shall bear no-fault liability;
(six) if environmental pollution causes personal injury, the pollutant discharge unit shall bear no-fault liability;
(7) If the animals raised cause damage to people, the breeder shall bear the liability without fault.
4, the principle of fair responsibility
It means that the injurer and the victim are not at fault for the damage caused, but according to the concept of fairness, on the basis of considering the actual situation of the parties' property status and ability to pay, the losses are shared by both parties.
According to the relevant laws and regulations of our country, the parties who cause infringement to others need to bear the corresponding tort liability. The tort stipulated by law is not aimed at a certain person, but at the corresponding civil rights and interests enjoyed by the citizen, and there are many types of civil rights and interests, any of which can be investigated for tort liability from the other party.