The Supreme People's Court issues judicial interpretations on the tort liability section of the Civil Code

2024-09-26

The Interpretation of the Supreme People's Court on the Application of the Tort Liability Section of the Civil Code of the People's Republic of China (Part 1) was issued on September 26 and will come into effect on September 27. Judicial interpretations focus on important issues that are widely concerned by society and urgently need to be addressed in judicial practice after the implementation of the Civil Code, clarifying responsibilities, determining distinctions and resolving disputes, and safeguarding and promoting social fairness and justice. Judicial interpretations clarify the tort liability for illegally removing the ward from guardianship and support compensation for reasonable expenses incurred by the guardian in finding relatives; Clarify the criteria for determining serious mental harm. Together with criminal sanctions, it constitutes one body and two wings of sanctioning illegal activities and remedying rights and interests, effectively safeguarding the basic rights and interests of citizens and maintaining family stability. Judicial interpretations clearly stipulate that if the ward infringes, the guardian shall bear full responsibility rather than supplementary responsibility. At the same time, it is clarified that if students suffer personal injury from external personnel on campus, the third party who commits the infringement shall be the first responsible party, and educational institutions that fail to fulfill their management responsibilities shall bear supplementary responsibilities in order; Clearly define that self damage caused by defective products falls within the scope of product liability compensation; Explicitly prohibiting the use of dangerous animals such as vicious dogs that cause harm to humans does not apply to exemption grounds; Clarify the responsibilities of the responsible parties for the harm caused by high-altitude throwing and falling objects. (New Society)

Edit:HAN ZHUOLING    Responsible editor:CAICAI

Source:xinhuanet.com

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