tort liability law
NPC Standing Committee 22, 2009 began to consider the draft tort liability law. The draft tort law includes 12 chapters 88, the provisions of the tort liability including the cessation of the infringement, eliminating the danger, the return of property, compensation for losses, such as an apology 8. The draft on the network infringement, product liability recall system, environmental pollution, medical disputes, animal wounding and other closely related to the people to make the norms of infringement, become one of the highlights".
– focus case
"human flesh search" first case
December 2007, Beijing white-collar Jiang suicide. The Dutch act before the "death blog diary" said, her husband Faye Wong affair that hardly wished to live. Netizens launched a human flesh search for Faye Wong". Faye Wong will therefore spread the blog, publish its information to prosecute three websites.
December 18, 2008, Chaoyang Court of first instance, the banner of network and the "north of migratory birds fly" founder Zhang Leyi infringement, compensation for the loss of the spirit of Faye Wong 9367 yuan and a public apology on the site, but because Tianya within a reasonable period of time to promptly delete the related content, convicted of exemption.
"human flesh search" infringement of the rights of the victims will be identified as a unified regulation of the law, the site if you ignore the victim’s screening, delete requirements, to bear joint and several liability.
as China’s legal system in the framework of the law, the draft tort liability law submitted to the Standing Committee of the second National People’s Congress yesterday. The NPC Law Committee, the tort liability law as a civil law draft, 2002 12 thirty-first meeting of the NPC Standing Committee for the first time to consider. Compared with the first draft and the draft is extended to the 88 provisions of chapter increased medical damage in recent years, the more prominent the responsibility.
Legal Committee said, tort liability legislation to solve and the people closely related to the interests of all parties, contradiction, consensus problem, on the life of citizens and legal persons by tort such as product defects, traffic accidents, medical damage, environmental pollution, network tort and the damage caused by the animal, to fully protect their rights and interests. But to consider the level of economic and social development at this stage, reasonably determine the scope of compensation and the compensation standard.
draft stipulates that the network service provider shall be jointly and severally liable for the infringement of the use of its network services by the network service provider, without taking necessary measures. Mental damage compensation is also included in the tort liability law system for the first time.
Chinese Law Civil Law Research Association vice president, Renmin University of China law school professor Yang Lixin participated in the Law Committee of the NPC Standing Committee on the law of the forum, the seminar, he said, the lack of the tort liability law of the civil code is not complete, although people in the law about twenty of several provisions of tort liability, the highest the court has dozens of judicial interpretation, but also can solve a lot of problems, but.