2024-09-26
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the interpretation of the supreme people's court on the application of the tort liability code (i) (fa shi [2024] no. 12, hereinafter referred to as the "interpretation") was issued on september 26, 2024 and will come into effect on september 27, 2024. the interpretation focuses on major controversial issues that have attracted widespread public attention and urgently need to be resolved in trial practice after the implementation of the civil code, and strives to clarify responsibilities, settle disputes, and effectively safeguard the legitimate rights and interests of the people through pragmatic and effective provisions.
1. clarify the tort liability for illegally removing a guardian from guardianship
the "interpretation" includes guardianship in the scope of civil rights and interests that are subject to tort liability adjustment and protects them, strengthens civil sanctions against the trafficking and abduction of children and other tortious acts that illegally take the guardian away from guardianship, explicitly supports compensation for the reasonable expenses of the guardian in finding their relatives, and clarifies the standards for determining serious mental damage. together with criminal sanctions, they constitute the two wings of one body for punishing violations of the law and remedying rights and interests, effectively protecting the basic rights and interests of citizens and maintaining the stability of family relationships.
2. if the ward infringes upon the rights of others, the guardian shall bear full responsibility
the interpretation clearly stipulates that if the ward infringes upon the rights of the person, the guardian shall bear all the compensation liability that the infringer should bear. at the same time, in order to avoid the situation where a non-close relative serves as a guardian and the ward has property, the guardian is solely responsible for the liability, which may lead to the non-close relative being unwilling to serve as a guardian, the interpretation also stipulates that "compensation can be paid from the ward's property first, and the remaining amount shall be paid by the guardian."
3. clarify the responsibility of students for personal injury suffered by non-school personnel on campus
the "interpretation" clearly states that if a student suffers personal injury from an outsider on campus, the third party who commits the tort shall be the primary liable party, and the educational institution that fails to fulfill its management responsibilities shall bear the supplementary liability at a later date; if the third party is uncertain, the educational institution that fails to fulfill its management responsibilities shall first bear the liability corresponding to its fault and shall have the right to seek compensation from the third party.
4. clarify the scope of civil liability of employers when staff members commit crimes
article 17 of the interpretation states that if the illegal acts committed by staff members in the course of performing their work tasks cause damage to others and constitute a crime committed by a natural person, the staff members' criminal liability does not affect the employer's civil liability in accordance with the law. if the employer should bear tort liability in accordance with the law, the recovery and refund completed in the criminal case can be clearly stated and deducted in the civil judgment, or it can be deducted in the execution procedure.
5. make it clear that product damage caused by defective products falls within the scope of product liability compensation
according to the interpretation, consumers can file a tort liability dispute lawsuit and claim compensation for product damage and other property damage other than defective products, which is conducive to protecting consumers' legitimate rights and interests in a timely and convenient manner.
6. clarify the relevant applicable rules on liability for motor vehicle traffic accidents
regarding issues such as the liability when the motor vehicle insurance obligation holder is not the same person as the person responsible for the traffic accident, and the identification of the third party in the motor vehicle third-party liability insurance, we will implement a strict tone, strengthen the fulfillment of legal obligations and sanctions for violations, better protect the safety of people's travel, and ensure that the injured parties are fully compensated.
7. exemptions from liability are not applicable to cases where a person is harmed by a fierce dog that is clearly prohibited from being kept.
accurately explain the legislative spirit of "the strictest no-fault liability" of the civil code and strengthen the sense of responsibility of animal breeders and managers. the "interpretation" stipulates: if dangerous animals such as fierce dogs that are prohibited from being raised cause harm to others, and the animal breeders or managers claim that they do not bear liability or that their liability should be reduced, the people's court will not support it.
8. clarify the responsibilities of the relevant responsible parties for injuries caused by objects thrown or dropped from high places
the interpretation stipulates that if objects thrown or dropped from high places cause damage to others, the specific infringer is the primary responsible party, and the property service company that fails to take necessary safety measures shall bear the supplementary liability in the following order; if the specific infringer cannot be determined, the property service company and other building managers that fail to take necessary safety measures shall first bear the liability corresponding to their fault. the remaining damages to the injured party shall be appropriately compensated by the user of the building that may have caused the harm. after assuming the responsibility, the above-mentioned responsible parties have the right to seek compensation from the specific infringer to be determined in the future.