I. Overview of Special Tort Liability
Special tort liability, also known as "special tort civil liability", refers to the civil liability that the parties should bear for the personal and property losses of others based on their related actions, objects, events or other special reasons in accordance with the special liability clauses in the civil law or the provisions of the special civil law. According to the special provisions of the law, the civil liability that a civil subject should bear when his behavior causes property or personal injury to others. Special tort liability does not apply to the provisions of the general principles of civil law on the composition of civil liability, and its composition does not need to have all the elements of tort liability; In the principle of imputation, the principle of no-fault liability is usually applied; Its responsibility is not limited to the actor himself. According to the provisions of the Civil Code, if the behavior of a civil subject causes property or personal injury to others, it shall bear civil liability.
Second, what is the principle of special tort liability?
(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) For infringement litigation caused by defective products, 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) in the tort litigation caused by medical behavior, medical institutions should bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.
Third, the difference between general tort liability and special tort liability.
(A) the difference between the application of the principle of imputation
General tort liability applies the principle of fault liability: special tort acts apply the principles of no-fault liability, fault presumption and fair liability according to the general principles of civil law and relevant civil provisions to protect the legitimate rights and interests of victims.
(B) the difference between the elements of responsibility
The constitutive elements of general tort liability include the illegality of behavior, the existence of damage facts, the causal relationship between illegal behavior and damage facts, and the fault of the actor.
The establishment of special tort liability can not be determined according to the constitutive requirements of general tort liability, but is stipulated by law according to specific circumstances. These special elements are not universal, and each special infringement requires different special conditions. Without these special conditions, special tort liability cannot be established.
(3) The distribution of burden of proof is different.
The proof of general tort liability follows the principle of "whoever advocates the proof", and the compensation obligee bears the burden of proof. Prove the causal relationship between the fault, damage behavior, damage consequence, damage behavior and damage consequence of the actor.
Legal objectivity:
Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability. Article 166 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.