The Tort Liability Law consists of 92 articles, which stipulate whether the personal rights and property rights of citizens and legal persons, such as life, health, name, reputation, honor, portrait, privacy, marital autonomy, custody, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, equity right and inheritance right, have been infringed.
Because there are only 92 articles, the tort liability law is not divided into general provisions and specific provisions like the contract law, but seven chapters (equivalent to specific provisions) stipulate how to determine whether it constitutes infringement and who will bear the tort liability in seven cases, such as product quality liability, motor vehicle traffic accident liability, medical damage liability, environmental pollution liability, highly dangerous liability, animal feeding liability and object damage liability.
In fact, before the promulgation and implementation of the Tort Liability Law at the legal level, the composition of tort, the way of assuming responsibility, the principle of imputation, etc. have been stipulated in administrative regulations, rules, judicial interpretations and other laws and regulations in various professional fields. Personally, I think the following six aspects will affect our lives.
0 1. Determine the principle of death compensation with the same life and the same price.
Article 17 If the same tort causes multiple deaths, the same amount of death compensation may be determined.
The social disputes between urban residents and rural residents, young people and old people about "the same life but different prices" can be assured, but what kind of amount should be determined, whether it is high or low, how to determine the same amount, whether it is possible but not necessary, and how to deal with it when it is not possible, still leave a lot of room for judicial practice.
02. At the legal level, the compensation system for mental damage has been determined.
Twenty-second violations of the personal rights and interests of others, causing serious mental damage to others, the infringed may request compensation for mental damage.
On the legal level, the compensation system for mental damage has been determined, which shows that the needs of Chinese citizens have surpassed the economy and money, and human nature and emotional needs have been respected to the greatest extent.
03. There are laws to follow for those who are brave enough to get economic compensation.
Article 23 The infringer shall bear the responsibility of preventing or stopping the infringement on the civil rights and interests of others and causing his own damage. If the infringer escapes or is unable to bear the responsibility, and the infringed party requests compensation, the beneficiary shall give appropriate compensation.
If the hero is injured or even sacrificed, and the perpetrator cannot be found, you should pay economic compensation in addition to verbal thanks, otherwise you will not only bear moral condemnation, but also be sentenced to bear economic compensation liability according to law.
04. Families or individuals need to raise their risk awareness when hiring labor services.
Article 35 If a labor relationship is formed between individuals, and the party providing labor services causes damage to others due to labor services, the party receiving labor services shall bear the tort liability. If the party providing labor services suffers personal injury, it shall bear corresponding responsibilities according to the respective faults of both parties.
You have to pay for the expenses of decoration guerrillas who are not qualified to hire nannies and hourly workers, such as pouring flowerpots on balconies and killing people, hiring part-time drivers to drive people to death, personal decoration teams falling stainless steel doors and windows and injuring pedestrians, and employers are also responsible for the personal injuries of hired workers. Therefore, it is best to hire the above-mentioned workers dispatched by the dispatching unit. On the one hand, the dispatching unit shall pay work-related injury insurance for the dispatched personnel, on the other hand, it may stipulate that the relevant tort liability shall be borne by the dispatching unit when signing an agreement with the dispatching unit.
05. Increase the security obligations of hotels, shopping malls, banks, stations, entertainment places and other public places.
Thirty-seventh hotels, shopping malls, banks, stations, entertainment venues and other public places managers or organizers of mass activities failed to fulfill their security obligations, causing damage to others, should bear tort liability. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.
The way to investigate the responsibility of the infringed person is more clear, but the security obligation in the operation of the above public places has increased. They were beaten in hotels, slipped on the stairs of shopping malls, robbed of money in banks, taken hostage by robbers, injured on trains, and sang songs in KTV to make trouble. Any personal or property damage that occurs in these places with clear location and ability may be prosecuted and claimed.
Even individuals or units that organize mass activities, sports competitions, concerts, exhibitions, garden parties, temple fairs, fireworks parties and job fairs need to bear the responsibility of trampling and personal injury.
06. Kindergartens, schools or other educational institutions need to bear no-fault liability or fault liability for personal injuries suffered by children and students inside and outside the school.
All educational institutions that recruit children, primary school students and middle school students should consider perfecting relevant school liability insurance to avoid operational risks. Otherwise, in the event of an unfortunate group incident, the money earned will definitely not be enough for compensation.