The Supreme People's Court has issued judicial interpretations on the tort liability section of the Civil Code
The Interpretation (I) of the Supreme People's Court on the Application of the Tort Liability Chapter of the Civil Code of the People's Republic of China was released on September 26 and came into effect on September 27. The judicial interpretation focuses on the important issues that have drawn widespread public attention and are urgently needed to be addressed in judicial practice after the implementation of the Civil Code, clarifying responsibilities, settling disputes and disputes, and ensuring and promoting social fairness and justice.
The judicial interpretation clearly stipulates the tort liability for illegally removing the ward from guardianship and supports compensation for the reasonable expenses incurred by the guardian in searching for their relatives. Clarify the criteria for identifying severe mental damage. Together with criminal sanctions, they form the "one body and two wings" of punishing violations and safeguarding rights and interests, effectively protecting the basic rights and interests of citizens and maintaining the stability of family ties.
The judicial interpretation clearly stipulates that if the ward infringes upon the property, the guardian shall bear full responsibility rather than supplementary liability. At the same time, it is clearly stipulated that if a student suffers personal injury from an off-campus person on campus, the third party who committed the infringement shall be the primary responsible party, and the educational institution that failed to fulfill its management duties shall bear supplementary liability in a subsequent order. It is clear that the self-damage caused by defective products falls within the scope of product liability compensation. The exemption from liability does not apply to damage caused by dangerous animals such as fierce dogs that are explicitly prohibited from being kept. Clarify the responsibilities of the relevant responsible parties caused by objects thrown or falling from heights.
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