supreme people's court
On the Application of the Civil Code of the people's Republic of China
The explanation of the compilation of Tort liability (1)
(adopted at the 1909 meeting of the Judicial Committee of the Supreme people's Court on December 18, 2023, and effective as of September 27, 2024)
In order to correctly hear cases of tort liability disputes, this interpretation is formulated in accordance with the legal provisions of the Civil Code of the people's Republic of China and the Civil procedure Law of the people's Republic of China, combined with judicial practice.
Article 1If the guardian is unlawfully released from guardianship and the guardian requests compensation for property losses such as reasonable expenses spent to restore the state of guardianship, the people's court shall support it.
Article 2Whoever unlawfully frees a guardian from guardianship and causes serious damage to the relationship between parents and children or other close relatives shall be recognized as serious mental damage as stipulated in paragraph 1 of Article 183 of the Civil Code.
Article 3If the guardian is unlawfully released from guardianship and the guardian dies during the period when he is released from guardianship, and the guardian of a close relative asks for compensation for both personal injury and the loss caused by the infringement of the guardianship relationship, the people's court shall support it in accordance with the law.
Article 4Where a person without or with limited capacity for civil conduct causes damage to another person, and the infringee requests the guardian to bear tort liability, or merges the guardian and the person entrusted to perform the duty of guardianship to bear tort liability, the people's court shall list the person with no capacity for civil conduct or the person with limited capacity for civil conduct as co-defendant.
Article 5Where a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, and the infringee requests the guardian to bear all the liability of the infringer, the people's court shall support it and make it clear in the judgment that the cost of compensation may first be paid from the property of the guardian, and the insufficient part shall be paid by the guardian.
If the guardian defends that the supplementary liability should be borne, or if the infringer or guardian claims that the people's court orders the person without or with limited capacity for civil conduct to bear the liability for compensation, the people's court shall not support it.
Where compensation is paid from the property of the guardian, the living expenses necessary for the guardian and the expenses necessary for the completion of compulsory education shall be retained.
Article 6If the actor has not reached the age of 18 at the time of the tort and has reached the age of 18 at the time of the lawsuit, if the infringe requests the original guardian to bear all the responsibility of the infringer, the people's court shall support it and make it clear in the judgment that the cost of compensation may first be paid from the property of the guardian, and the insufficient part shall be paid by the guardian.
Under the circumstances specified in the preceding paragraph, if the infringee only sues the perpetrator, the people's court shall apply to the plaintiff for an additional original guardian as a co-defendant.
Article 7If a minor child causes damage to another person, and the infringe requests his parents to jointly bear tort liability, the people's court shall support it in accordance with the provisions of Article 27, paragraph 1, 1068 and Article 1188 of the Civil Code.
Article 8 If, after the divorce of the husband and wife, the minor children cause damage to others and the infringer requests the divorced husband and wife to jointly bear tort liability, the people's court shall support it in accordance with the provisions of articles 1068, 1084 and 1188 of the Civil Code. If one party claims not to bear or bear less responsibility on the ground that he does not live with the child, the people's court shall not support it.
The share of liability between a divorced couple may be determined by agreement between the two parties; if an agreement is not reached, the people's court may determine it on the basis of the agreement and actual performance of the guardianship duties of both parties. If one party who actually assumes responsibility exceeds its own share of liability, it shall recover compensation from the other party, the people's court shall support it.
Article 9 If a minor child causes damage to another person, in accordance with the provisions of paragraph 2 of Article 1072 of the Civil Code, the stepfather or stepmother who has not formed a relationship of upbringing and education with the child shall not bear the tort liability of the guardian, the biological parents of the child shall bear tort liability in accordance with the provisions of Article 8 of this interpretation.
Article 10Where a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to another person, and the infringee combines the guardian and the person entrusted to perform the duty of guardianship to bear tort liability, in accordance with the provisions of Article 1189 of the Civil Code, the guardian shall bear all the liability of the infringer. The trustee shall bear the responsibility jointly with the guardian within the scope of the fault, but the total amount of compensation actually paid by the subject of liability shall not exceed the amount of loss that should be compensated by the infringed.
Where a guardian assumes responsibility and recovers compensation from the trustee, the people's court may deal with it with reference to the provisions of Article 929 of the Civil Code.
If only a gratuitous trustee with general negligence assumes responsibility and recovers compensation from the guardian, the people's court shall support it.
Article 11Instigating and aiding a person with no capacity for civil conduct or a person with limited capacity for civil conduct to commit an act of tort, the people's court shall not support it on the grounds that the instigator or helper does not know and should not know that the actor is a person with no capacity for civil conduct or a person with limited capacity for civil conduct who advocates not to bear tort liability or to bear joint liability with the guardian of the actor.
Article 12If the person who instigates or assists a person without or with limited capacity for civil conduct to commit a tort act, and the infringe merges to request the abettor, helper and guardian to bear tort liability, in accordance with the provisions of paragraph 2 of Article 169 of the Civil Code, the abettor and helper shall bear all the liability of the infringer. The guardian shall bear the responsibility jointly with the abettor and helper within the scope of the guardianship duty, but the total amount of compensation actually paid by the subject of liability should not exceed the amount of loss that should be compensated by the infringed person.
If the guardian pays the compensation fee in advance and recovers the compensation from the instigator or helper in excess of his corresponding liability, the people's court shall support it.
Article 13Where a person who instigates or assists a person without or with limited capacity for civil conduct to commit an act of tort, and the infringee jointly requests the abettor, helper, guardian and person entrusted to perform the duty of guardianship to bear tort liability, civil liability shall be determined in accordance with the provisions of articles 10 and 12 of this interpretation.
Article 14If a person without or with limited capacity for civil conduct suffers personal injury from a third party other than the educational institution while studying and living in kindergartens, schools or other educational institutions, if the third party or educational institution acts as a co-defendant and should bear tort liability according to law, the people's court shall make it clear in the judgment The educational institution shall bear the supplementary liability corresponding to its fault to the extent that the people's court is still unable to perform after the compulsory enforcement of the property of the third party in accordance with the law.
If the infringed only sues the educational institution, the people's court shall explain to the plaintiff that the third person who has committed the tort is the co-defendant.
If the third party is uncertain, the educational institution that fails to perform its administrative duties shall first bear the responsibility corresponding to its fault; if the educational institution assumes the responsibility and recovers compensation from the identified third party, the people's court shall support it in accordance with the provisions of Article 1201 of the Civil Code.
Article 15 If a staff member who forms a labor relationship with the employing unit or other personnel carrying out the work tasks of the employing unit causes damage to others due to the execution of the work tasks, if the infringed person requests the employing unit to bear tort liability in accordance with the provisions of paragraph 1 of Article 191 of the Civil Code, the people's court shall support it.
If employees of individual industrial and commercial households cause damage to others in the course of carrying out their work tasks, the provisions of paragraph 1 of Article 1191 of the Civil Code shall apply to determine civil liability.
Article 16During the period of labor dispatch, if the dispatched staff causes damage to others as a result of carrying out the work task, and the infringed person merges to request the labor dispatch unit and the employer that receives the labor dispatch to bear tort liability, in accordance with the provisions of paragraph 2 of Article 1191 of the Civil Code, the employer that accepts the labor dispatch shall bear all the liability of the infringer. Within the scope of faults such as improper selection of staff and failure to perform training obligations in accordance with the law, the labor dispatch unit shall share responsibility with the employer that receives the labor dispatch, but the total amount of compensation actually paid by the subject of liability shall not exceed the amount of loss to be compensated by the infringed party.
If the labor dispatch unit pays the compensation fee in advance, the people's court shall support it if it recovers compensation from the employer that accepts the labor dispatch in excess of its corresponding responsibility, except as otherwise agreed by both parties.
Article 17If an illegal act carried out by a staff member in the performance of a work task causes damage to others and constitutes a crime committed by a natural person, the staff member's criminal liability shall not affect the employer's civil liability in accordance with the law. Where the employing unit shall bear tort liability in accordance with Article 1191 of the Civil Code, the recovery or refund of compensation that has been completed in a criminal case may be clearly defined and deducted in the civil judgment, or may also be deducted in the enforcement procedure.
Article 18 If the hiree causes damage to a third party in the course of completing the work, the people's court shall determine the hiree's civil liability in accordance with the provisions of Article 1165 of the Civil Code.
Where the infringee merges the hirer and the hiree to bear tort liability, the hiree causing the damage shall bear all the liability of the tortfeasor in accordance with articles 1165 and 1193 of the Civil Code. The hirer shall be jointly liable with the hiree within the fault of customization, instruction or selection, but the total amount of compensation actually paid by the subject of liability shall not exceed the amount of loss payable by the infringed.
If the hirer recovers compensation from the hiree in excess of its corresponding liability after the hirer pays the compensation fee in advance, the people's court shall support it, unless otherwise agreed by both parties.
Article 19If the buyer's property is damaged due to a defect in the product, and the buyer requests the producer or seller of the product to compensate for the damage to the defective product itself and other property damage, the people's court shall give its support in accordance with the provisions of articles 1202 and 1203 of the Civil Code.
Article 20If a motor vehicle assembled by sale or other means is transferred or has reached the scrapping standard, if a traffic accident causes damage, the transferor or assignee, on the grounds that it does not know and should not know that the motor vehicle is assembled or has reached the scrapping standard, the people's court shall not support the claim that it will not bear tort liability.
Article 21If a traffic accident occurs in a motor vehicle that is not insured in accordance with the law and causes damage, and the insured obligor and the person responsible for the traffic accident are not the same person, and the infringer merges to request the insured obligor and the person responsible for the traffic accident to bear tort liability, the person responsible for the traffic accident shall bear all the liability of the infringer. The insured obligor shall share the liability with the person responsible for the traffic accident within the limit of the liability of compulsory motor vehicle insurance, but the sum of the compensation expenses actually paid by the subject of liability shall not exceed the amount of loss payable by the infringed person.
If the insured obligor pays the compensation fee in advance and recovers compensation from the person responsible for the traffic accident in excess of the liability limit of compulsory motor vehicle insurance, the people's court shall support it.
Article 22After the motor vehicle driver leaves the vehicle, the insurer who requests to insure the compulsory insurance of the motor vehicle is within the scope of the compulsory insurance liability if his own fault, such as not taking braking measures, is damaged by the collision and rolling of the vehicle, and the insurer who undertakes the commercial third party liability insurance of the motor vehicle shall not support the insurer's compensation in accordance with the insurance contract. However, the corresponding claim for compensation may be supported in accordance with the relevant stipulations of the liability insurance for persons on motor vehicles.
Article 23 The people's court shall not support the prohibition of raising fierce dogs and other dangerous animals that cause damage to others, and the animal keeper or manager advocates not to bear the responsibility or reduce the responsibility.
Article 24 Building managers such as property service companies fail to take necessary safety measures to prevent objects thrown from buildings or objects falling from buildings from causing damage to others, and the specific infringers, property service companies and other building managers are co-defendants, The people's court shall clarify in its judgment in accordance with the provisions of Article 1198, paragraph 2, and Article 1254 of the Civil Code, Building managers such as property service companies that fail to take necessary safety measures shall bear supplementary responsibilities corresponding to their faults to the extent that the people's court cannot perform after enforcing the property of the specific infringers in accordance with the law.
article XXV Building managers such as property service companies fail to take necessary safety measures to prevent objects thrown from buildings or objects falling from buildings from causing damage to others. After investigation by public security agencies and other agencies, it is still difficult to determine before the conclusion of the debate in the court of first instance in civil cases. If the specific infringers are determined, building managers such as property service companies who fail to take necessary safety measures shall bear the responsibilities corresponding to their faults. Appropriate compensation shall be provided by the building user who may harm the rest of the damage to the infringed person.
After the specific infringer is determined, if a building manager such as a property service company that has already assumed responsibility or a building user who may cause harm to recover from the specific infringer, the people's court shall follow Article 1198, paragraph 2, of the Civil Code. Support it in accordance with the provisions of Article 1254, paragraph 1.
Article 26 This interpretation will come into effect on September 27, 2024.
After the implementation of this interpretation, this interpretation shall apply to cases of first and second instance that have not yet been concluded by the people's court. If this interpretation has been finalized before its implementation, and if the parties apply for retrial or decide to retry in accordance with the trial supervision procedures, the provisions of the laws and judicial interpretations at the time shall apply.
