1. What are the applicable legal rules of civil liability for special tort?
Provisions on Burden of Proof in Special Infringement Litigation According to Several Provisions of the Supreme People's Court on Evidence in Civil Litigation, the following tort litigation shall bear the burden of proof in accordance with the following provisions:
(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;
(2) In the tort litigation of damage caused by highly dangerous operation, the injurer shall bear the burden of proof for the fact that the victim intentionally caused damage;
(3) In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof for the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;
(4) The owner or manager shall bear the burden of proof for the tort lawsuit of the building or other facilities and the shelving, collapse, falling off or damage caused by the building;
(5) In an infringement lawsuit caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;
(6) If the defective product causes damage to people, the producer of the product shall bear the burden of proof for the exemption provided by law;
(7) In an infringement lawsuit that * * * causes damage to others due to the same dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;
(eight) for infringement litigation caused by medical behavior, the medical institution shall be responsible for the absence of causal relationship between medical behavior and damage results and the absence of medical fault.
Second, the principle of imputation of special tort.
(a) the principle of "no-fault liability" is called "strict liability principle", that is, the liability is not based on the fault of the actor, that is, the actor should bear the no-fault liability;
(2) the principle of presumption of fault means that the actor must prove that he is not at fault, otherwise he is presumed to be at fault and bear the responsibility. This is a kind of fault liability, but it applies to special tort;
(3) The principle of "fair responsibility" means that both parties have no fault and share the responsibility fairly.
3. What types of special tort liability include?
According to the existing laws and regulations, mainly include:
Disputes over duty infringement of state organs and their staff;
Employee compensation disputes;
Disputes over compensation for damages by employers;
Product liability disputes;
Disputes over compensation for damages caused by highly dangerous operations;
Disputes over compensation for environmental pollution damage;
Disputes over compensation for damage to ground buildings (public places);
Disputes over compensation for collapse damage of buildings, shelves and hanging objects;
Disputes over compensation for collapse damage of stacked items; Disputes over compensation for animal damage;
Disputes over the infringement of military personnel stationed in the special administrative region in performing their duties;
Disputes over compensation for damage caused by excessive defense;
Disputes over compensation for emergency hedging damage;
Disputes over infringement of minors' right to education.
What are the applicable legal rules of civil liability for special tort? To sum up, the general liability will be based on the principle of no fault. If you have other legal questions to consult, you can contact our professional lawyers on the platform of Find Law Network, and we will provide you with quality legal services.