Article 106
Citizens and legal persons who breach a contract or fail to fulfil
other obligations shall bear civil liability.
Citizens and legal persons who through their fault encroach upon
state or collective property or the property or person of other
people shall bear civil liability.
Civil liability shall still be borne even in the absence of fault,
if the law so stipulates.
Article 107
Civil liability shall not be borne for failure to perform a contract
or damage to a third party if it is caused by force majeure, except
as otherwise provided by law.
Article 108
Debts shall be cleared. If a debtor is unable to repay his debt
immediately, he may repay by instalments with the consent of the
creditor or a ruling by a people's court. If a debtor is capable
of repaying his debt but refuse to do so, repayment shall be
compelled by the decision of a people's court.
Article 109
If a person suffers damages from preventing or stopping encroachment
on state or collective property, or the property or person of a
third party, the infringer shall bear responsibility for
compensation, and the beneficiary may also give appropriate
compensation.
Article 110
Citizens or legal persons who bear civil liability
shall also be held for administrative responsibility if
necessary. If the acts committed by citizens and legal persons
constitute crimes, criminal responsibility of their legal
representatives shall be investigated in accordance with the
law.
Article 111
If a party fails to fulfil its contractual obligations or violates
the term of a contract while fulfilling the obligations, the other
party shall have the right to demand fulfilment or the taking of
remedial measures and claim compensation for its losses.
Article 112
The party that breaches a contract shall be liable for compensation
equal to the losses consequently suffered by the other party.
The parties may specify in a contract that if one party breaches the
contract it shall pay the other party a certain amount of breach of
contract damages; they may also specify in the contract the method
of assessing the compensation for any losses resulting from a breach
of contract.
Article 113
If both parties breach the contract, each party shall bear its
respective civil liability.
Article 114
If one party is suffering losses owing to the other party's breach
of contract, it shall take prompt measures to prevent the losses
from increasing; if it does not promptly do so, it shall not have
the right to claim compensation for the additional losses.
Article 115
A party's right to claim compensation for losses shall not be affected
by the alteration or termination of a contract.
Article 116
If a party fails to fulfil its contractual obligations on account
of a higher authority, it shall first compensate for the losses of
the other party or take other remedial measures as contractually
agreed and then the higher authority shall be responsible for
settling the losses it sustained.
Article 117
Anyone who encroaches on the property of the state, a collective
or another person shall return the property; failing that, he shall
reimburse its estimated price.
Anyone who damages the property of the state, a collective or
another person shall restore the property to its original
condition or reimburse its estimated price. If the victim suffers
other great losses therefrom, the infringer shall compensate for
those losses as well.
Article 118
If the rights of authorship(copyrights), patent
rights, rights to exclusive use of trademarks, rights of
discovery, rights of invention or rights for scientific and
technological research achievements of citizens or legal persons
are infringed upon by such means as plagiarism, alteration or
imitation, they shall have the right to demand that the infringement
be stopped, its ill effects be eliminated and the damages be
compensated for.
Article 119
Anyone who infringes upon a citizen's person and causes him
physical injury shall pay his medical expenses and his loss in
income due to missed working time and shall pay him living subsidies
if he is disabled; if the victim dies, the infringe shall also pay
the funeral expenses, the necessary living expenses of the
deceased's dependents and other such expenses.
Article 120
If a citizen's right of personal name, portrait, reputation or
honour is infringed upon, he shall have the right to demand that
the infringement be stopped, his reputation be rehabilitated, the
ill effects be eliminated and an apology be made; he may also
demand compensation for losses.
The above paragraph shall also apply to infringements upon a legal
person's right of name, reputation or honour.
Article 121
If a state organ or its personnel, while executing its duties,
encroaches upon the lawful rights and interests of a citizen or
legal person and causes damage, it shall bear civil liability.
Article 122
If a substandard product causes property damage or physical injury
to others, the manufacturer or seller shall bear civil liability
according to law. If the transporter or storekeeper is responsible
for the matter, the manufacturer or seller shall have the right to
demand compensation for its losses.
Article 123
If any person causes damage to other people by engaging in
operations that are greatly hazardous to the surroundings, such
as operations conducted high aboveground, or those involving high
pressure, high voltage, combustibles, explosives, highly toxic or
radioactive substances or high-speed means of transport, he shall
bear civil liability; however, if it can be proven that the damage
was deliberately caused by the victim, he shall not bear civil
liability.
Article 124
Any person who pollutes the environment and causes damage to others
in violation of state provisions for environmental protection and
the prevention of pollution shall bear civil liability in accordance
with the law.
Article 125
Any constructor who engages in excavation, repairs or installation
of underground facilities in a public place, on a roadside or in a
passageway without setting up clear signs and adopting safety
measures and thereby causes damage to others shall bear civil
liability.
Article 126
If a building or any other installation or an object placed or
hung on a structure collapses, detaches or drops down and causes
damage to others, its owner or manager shall bear civil liability,
unless he can prove himself not at fault.
Article 127
If a domesticated animal causes harm to any person, its keeper
or manager shall bear civil liability. If the harm occurs through
the fault of the victim, the keeper or manager shall not bear civil
liability; if the harm occurs through the fault of a third party,
the third party shall bear civil liability.
Article 128
A person who causes harm in exercising justifiable defence shall
not bear civil liability. If justifiable defence exceeds the
limits of necessity and undue harm is caused, an appropriate
amount of civil liability shall be borne.
Article 129
If harm occurs through emergency actions taken to
avoid danger, the person who gave rise to the danger shall bear
civil liability. If the danger arose from natural causes, the
person who took the emergency actions may either be exempt from
civil liability or bear civil liability to an appropriate extent.
If the emergency measures taken are improper or exceed the limits
of necessity and undue harm is caused, the person who took the
emergency action shall bear civil liability to an appropriate
extent.
Article 130
If two or more persons jointly infringe upon another person's rights
and cause him damage, they shall bear joint liability.
Article 131
If a victim is also at fault for causing the damage, the civil
liability of the infringe may be reduced.
Article 132
If none of the parties is at fault in causing damage, they may share
civil liability according to the actual circumstances.
Article 133
If a person without or with limited capacity for civil conduct
causes damage to others, his guardian shall bear civil liability.
If the guardian has done his duty of guardianship, his civil
liability may be appropriately reduced.
If a person who has property but is without or with limited
capacity for civil conduct causes damage to others, the expenses
of compensation shall be paid from his property. Shortfalls in
such expenses shall be appropriately compensated for by the
guardian unless the guardian is a unit.
Article 134 The main methods of bearing civil liability shall be:
(1) cessation of infringements;
(2) removal of obstacles;
(3) elimination of dangers;
(4) return of property;
(5) restoration of original condition;
(6) repair, reworking or replacement;
(7) compensation for losses;
(8) payment of breach of contract damages;
(9) elimination of ill effects and rehabilitation of
reputation; and
(10) extension of apology.
The above methods of bearing civil liability may be applied exclusively
or concurrently.
When hearing civil cases, a people's court, in addition to
applying the above stipulations, may serve admonitions, order
the offender to sign a pledge of repentance, and confiscate the
property used in carrying out illegal activities and the illegal
income obtained therefrom. It may also impose fines or
detentions as stipulated by law.
| [HOME PAGE] | [PREVIOUS PAGE] | [NEXT PAGE] |
Get your own Free Home Page