Decree of the
President of the People’s Republic of China(No. 21)
The Tort Law of the People’s Republic of China, which was adopted at the 12th session of the
Standing Committee of the Eleventh National People’s Congress
on December 26, 2009, is hereby promulgated and shall come into force on July
1, 2010.
President of the People’s Republic of China: Hu Jintao
December 26, 2009
Tort Law of the People’s Republic of China
(Adopted at the 12th session of the Standing Committee of the Eleventh National
People’s Congress on December 26, 2009)
Table of Contents
Chapter I General Provisions
Chapter II Constituting Liability and Methods of Assuming Liability
Chapter III Circumstances to Waive Liability and Mitigate Liability
Chapter IV Special Provisions on Tortfeasors
Chapter V Product Liability
Chapter VI Liability for Motor Vehicle Traffic Accident
Chapter VII Liability for Medical Malpractice
Chapter VIII Liability for Environmental Pollution
Chapter IX Liability for Ultrahazardous Activity
Chapter X Liability for Harm Caused by Domestic Animal
Chapter XI Liability for Harm Caused by Object
Chapter XII Supplementary Provision
Chapter I General Provisions
Article 1 In order to protect the legitimate rights and interests of parties in
civil law relationships, clarify the tort liability, prevent and punish
tortious conduct, and promote the social harmony and stability, this Law is
formulated.
Article 2 Those who infringe upon civil rights and interests shall be subject
to the tort liability according to this Law.
“Civil rights and interests” used in this Law
shall include the right to life, the right to health, the right to name, the
right to reputation, the right to honor, right to self image, right of privacy,
marital autonomy, guardianship, ownership, usufruct, security interest,
copyright, patent right, exclusive right to use a trademark, right to
discovery, equities, right of succession, and other personal and property
rights and interests.
Article 4 Where a tortfeasor shall assume administrative liability or criminal liability for the same conduct, it shall not prejudice the tort liability that the tortfeasor shall legally assume.
Where the assets of a tortfeasor are not adequate for payments for the tort liability and administrative liability or criminal liability for the same conduct, the tortfeasor shall first assume the tort liability.
Article 5 Where any other law provides otherwise for any tort liability in particular, such special provisions shall prevail.
Chapter II Constituting Liability and Methods of Assuming Liability
Article 6 One who is at fault for infringement upon a civil right or interest of another person shall be subject to the tort liability.
One who is at fault as construed according to legal provisions and cannot prove otherwise shall be subject to the tort liability.
Article 7 One who shall assume the tort liability for infringing upon a civil right or interest of another person, whether at fault or not, as provided for by law, shall be subject to such legal provisions.
Article 8 Where two or more persons jointly commit a tort, causing harm to another person, they shall be liable jointly and severally.
Article 9 One who abets or assists another person in committing a tort shall be liable jointly and severally with the tortfeasor.
One who abets or assists a person who does not have civil conduct capacity or only has limited civil conduct capacity in committing a tort shall assume the tort liability; the guardian of such a person without civil conduct capacity or with limited civil conduct capacity shall assume the relevant liability if failing to fulfill his guardian duties.
Article 10 Where two or more persons engage in a conduct that endangers the personal or property safety of another person, if only the conduct of one or several of them causes harm to another person and the specific tortfeasor can be determined, the tortfeasor shall be liable; or if the specific tortfeasor cannot be determined, all of them shall be liable jointly and severally.
Article 11 Where two or more persons commit torts respectively, causing the same harm, and each tort is sufficient to cause the entire harm, the tortfeasors shall be liable jointly and severally.
Article 12 Where two or more persons commit torts respectively, causing the same harm, if the seriousness of liability of each tortfeasor can be determined, the tortfeasors shall assume corresponding liabilities respectively; or if the seriousness of liability of each tortfeasor is hard to be determined, the tortfeasors shall evenly assume the compensatory liability.
Article 13 Where the joint and several liability shall be assumed by the tortfeasors according to law, the victim of torts shall be entitled to require some or all of the tortfeasors to assume the liability.
Article 14 The compensation amounts corresponding to the tortfeasors who are jointly and severally liable shall be determined according to the seriousness of each tortfeasor; and if the seriousness of each tortfeasor cannot be determined, the tortfeasors shall evenly assume the compensatory liability.
A tortfeasor who has paid an amount of compensation exceeding his contribution shall be entitled to be reimbursed by the other tortfeasors who are jointly and severally liable.
Article 15 The methods of assuming tort liabilities shall include:
1. cessation of infringement;
2. removal of obstruction;
3. elimination of danger;
4. return of property;
5. restoration to the original status;
6. compensation for losses;
7. apology; and
8. elimination of consequences and restoration of reputation.
The above methods of assuming the tort liability may be adopted individually or jointly.
Article 16 Where a tort causes any personal injury to another person, the tortfeasor shall compensate the victim for the reasonable costs and expenses for treatment and rehabilitation, such as medical treatment expenses, nursing fees and travel expenses, as well as the lost wages. If the victim suffers any disability, the tortfeasor shall also pay the costs of disability assistance equipment for the living of the victim and the disability indemnity. If it causes the death of the victim, the tortfeasor shall also pay the funeral service fees and the death compensation.
Article 17 Where the same tort causes the deaths of several persons, a uniform amount of death compensation may be determined.
Article 18 Where a tort causes the death to the victim, the close relative of the victim shall be entitled to require the tortfeasor to assume the tort liability. Where the victim of a tort, which is an entity, is split or merged, the entity succeeding to the rights of the victim shall be entitled to require the tortfeasor to assume the tort liability.
Where a tort causes the death to the victim, those who have paid the medical treatment expenses, funeral service fees and other reasonable costs and expenses for the victim shall be entitled to require the tortfeasor to compensate them for such costs and expenses, except that the tortfeasor has already paid such costs and expenses.
Article 19 Where a tort causes any harm to the property of another person, the amount of loss to the property shall be calculated as per the market price at the time of occurrence of the loss or calculated otherwise.
Article 20 Where any harm caused by a tort to a personal right or interest of another person gives rise to any loss to the property of the victim of the tort, the tortfeasor shall make compensation as per the loss sustained by the victim as the result of the tort. If the loss sustained by the victim is hard to be determined and the tortfeasor obtains any benefit from the tort, the tortfeasor shall make compensation as per the benefit obtained by it. If the benefit obtained by the tortfeasor from the tort is hard to be determined, the victim and the tortfeasor disagree to the amount of compensation after consultation, and an action is brought to a people’s court, the people’s court shall determine the amount of compensation based on the actual situations.
