The Interpretation of the Supreme People's Court on the Application of the Tort Liability Part of the Civil Code of the People's Republic of China (Part 1) was passed at the 1909th meeting of the Judicial Committee of the Supreme People's Court on December 18, 2023, and is now promulgated. It shall come into effect on September 27, 2024.

supreme people 's court

September 25, 2024

Fa Shi [2024] No. 12

Interpretation of the Supreme People's Court on the Application of the Tort Liability Part of the Civil Code of the People's Republic of China (Part 1)

(Passed at the 1909th meeting of the Judicial Committee of the Supreme People's Court on December 18, 2023, and implemented from September 27, 2024)

In order to correctly handle cases of infringement liability disputes, this interpretation is formulated in accordance with the provisions of the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws, combined with judicial practice.

Article 1: If the guardian illegally removes the ward from guardianship and requests compensation for reasonable expenses and other property losses incurred to restore the guardianship status, the people's court shall support it.

Article 2: If a guardian is illegally removed from guardianship, resulting in serious damage to the relationship between parents, children, or other close relatives, it shall be deemed as serious mental damage as stipulated in Article 1183 (1) of the Civil Code.

Article 3: If a guardian illegally causes the ward to leave guardianship and the ward dies during the period of leaving guardianship, and the guardian, as a close relative, requests compensation for both personal injury and losses caused by the infringement of the guardianship relationship, the people's court shall support it in accordance with the law.

Article 4: If a person without or with limited capacity for civil conduct causes harm to others, and the infringed party requests the guardian to bear the tort liability, or combines the request for the guardian and the person entrusted to perform the guardianship duties to bear the tort liability, the people's court shall list the person without or with limited capacity for civil conduct as a joint defendant.

Article 5: If a person without or with limited capacity for civil conduct causes harm to others and the infringed party requests the guardian to bear all the responsibilities that the infringer should bear, the people's court shall support it and clarify in the judgment that the compensation costs can be paid first from the property of the ward, and the shortfall shall be paid by the guardian.

If the guardian argues to assume supplementary liability, or if the infringed party or guardian claims that the people's court orders a person without civil capacity or with limited civil capacity who has property to assume compensation liability, the people's court will not support it.

If compensation is paid from the property of the ward, the necessary living expenses and expenses for completing compulsory education of the ward shall be retained.

Article 6: If the perpetrator was under 18 years old at the time of the infringement and was over 18 years old at the time of the lawsuit, and the defendant requests the original guardian to bear all the responsibilities that the infringer should bear, the people's court shall support it and clarify in the judgment that the compensation costs can be paid from the property of the defendant first, and the shortfall shall be paid by the guardian.

In the circumstances specified in the preceding paragraph, if the infringed party only sues the perpetrator, the people's court shall explain to the plaintiff and apply to add the original guardian as a co defendant.

Article 7: If a minor child causes harm to others and the victim requests that the parents jointly bear the tort liability, the people's court shall support it in accordance with the provisions of Article 27 (1), Article 1068, and Article 1188 of the Civil Code.

Article 8: If the minor children of a divorced couple cause harm to others and the victim requests that the divorced couple jointly bear the tort liability, the people's court shall support it in accordance with the provisions of Article 1068, Article 1084, and Article 1188 of the Civil Code. If one party claims not to bear or bear less responsibility on the grounds of not living with the child, the people's court will not support it.

The share of responsibility between divorced couples can be determined by mutual agreement; If the agreement cannot be reached, the people's court may determine based on the agreement on the performance of guardianship responsibilities by both parties and the actual performance. If the party who actually bears more responsibility than their share of responsibility seeks compensation from the other party, the people's court shall support it.

Article 9: If a minor child causes harm to others, according to the provisions of Article 1072 (2) of the Civil Code, the stepfather or stepmother who has not formed a custody and education relationship with the child shall not bear the tort liability of the guardian, and the biological parents of the child shall bear the tort liability in accordance with the provisions of Article 8 of this Interpretation.

Article 10: If a person without or with limited capacity for civil conduct causes harm to others and the infringed party requests the guardian and the person entrusted to perform guardianship duties to bear the tort liability, in accordance with Article 1189 of the Civil Code, the guardian shall bear all the liability that the infringer should bear; The trustee and the guardian shall jointly bear the responsibility within the scope of fault, but the total compensation fees actually paid by the responsible party shall not exceed the amount of losses that the infringed party should be compensated for.

If the guardian claims compensation from the trustee after assuming responsibility, the people's court may handle it in accordance with Article 929 of the Civil Code.

If a gratuitous trustee with only general negligence assumes responsibility and seeks compensation from the guardian, the people's court shall support it.

Article 11: If a person instigates or assists a person without civil capacity or with limited civil capacity to commit an infringing act, and the instigator or or helper claims not to assume the infringing liability or to assume joint and several liability with the guardian of the perpetrator on the grounds that they did not know and should not have known that the perpetrator was a person without civil capacity or with limited civil capacity, the people's court shall not support it.

Article 12: If a person who instigates or assists a person without or with limited capacity for civil conduct commits an infringing act and the infringed party requests the instigator, helper, and guardian to bear the liability for infringement, in accordance with the provisions of Article 1169 (2) of the Civil Code, the instigator and helper shall bear all the liability that the infringer should bear; The guardian shall jointly bear the responsibility with the instigator and helper within the scope of their guardianship duties, but the total compensation paid by the responsible party shall not exceed the amount of losses that the infringed party should be compensated for.

If the guardian first pays the compensation fee and then seeks compensation from the instigator or helper for the part exceeding their corresponding responsibility, the people's court shall support it.

Article 13: If a person instigates or assists a person without civil capacity or a person with limited civil capacity to commit an infringing act, and the infringed party requests the instigator, helper, guardian, or person entrusted to perform guardianship duties to bear tort liability, civil liability shall be determined in accordance with the provisions of Articles 10 and 12 of this Interpretation.

Article 14: If a person without or with limited capacity for civil conduct suffers personal injury from a third party outside of an educational institution during their study or life in a kindergarten, school, or other educational institution, and the third party or educational institution acts as a joint defendant and should bear tort liability according to law, the people's court shall make it clear in the judgment that the educational institution shall bear supplementary liability corresponding to its fault within the scope that cannot be fulfilled by the third party after the people's court enforces the property of the third party in accordance with the law.

If the infringed party only sues the educational institution, the people's court shall explain to the plaintiff that the third party who implements the infringing act is a joint defendant.

If the third party is uncertain, the educational institution that has not fulfilled its management responsibilities shall bear the corresponding responsibility for its fault first; If an educational institution takes responsibility and seeks compensation from a third party that has already been determined, the people's court shall support it in accordance with Article 1201 of the Civil Code.

Article 15: If a staff member who forms a labor relationship with the employer or other personnel who perform work tasks of the employer causes harm to others due to the performance of work tasks, and the infringed party requests the employer to assume infringement liability in accordance with the provisions of Article 1191 (1) of the Civil Code, the people's court shall support it.

If the employees of individual industrial and commercial households cause harm to others due to the execution of work tasks, the provisions of Article 1191 (1) of the Civil Code shall apply to determine civil liability.

Article 16: During the period of labor dispatch, if the dispatched staff cause harm to others due to the execution of work tasks, and the infringed party jointly requests the labor dispatch unit and the employing unit receiving the labor dispatch to bear the tort liability, in accordance with the provisions of Article 191 (2) of the Civil Code, the employing unit receiving the labor dispatch shall bear all the liability that the infringing party should bear; Within the scope of fault such as improper selection of staff and failure to fulfill training obligations in accordance with the law, labor dispatch units shall jointly bear responsibility with the employing units receiving labor dispatch, but the total compensation fees actually paid by the responsible party shall not exceed the amount of losses that the infringed party should be compensated for.

If the labor dispatch unit first pays the compensation fee and then seeks compensation from the employing unit that accepts the labor dispatch for the part exceeding its corresponding responsibility, the people's court shall support it, except as otherwise agreed by both parties.

Article 17: If a staff member commits an illegal act during the execution of work tasks that causes harm to others and constitutes a natural person crime, the staff member's criminal liability shall not affect the employer's civil liability in accordance with the law. According to Article 1191 of the Civil Code, if an employer is liable for infringement, the recovery and compensation already completed in a criminal case may be clearly stated and deducted in the civil judgment, or deducted in the execution procedure.

Article 18: If the contractor causes damage to a third party during the completion of the work, the people's court shall determine the contractor's civil liability in accordance with Article 1165 of the Civil Code.

If the infringed party requests the ordering party and the contractor to bear the liability for infringement, in accordance with Article 1165 and Article 1193 of the Civil Code, the contractor who causes damage shall bear all the liability that the infringing party should bear; The principal and the contractor shall jointly bear the responsibility within the scope of fault in the commission, instruction, or selection, but the total compensation paid by the responsible party shall not exceed the amount of losses that the infringed party should be liable for.

If the ordering party first pays the compensation fee and then seeks compensation from the contractor for the excess part beyond their corresponding responsibility, the people's court shall support it, except as otherwise agreed by both parties.

Article 19: If a defect in a product causes property damage to the buyer, and the buyer requests the producer or seller of the product to compensate for the damage to the defective product itself and other property damages, the people's court shall support it in accordance with the provisions of Articles 1202 and 1203 of the Civil Code.

Article 20: If a motor vehicle that has been assembled or has reached the scrap standard is transferred through sale or other means, causing damage in a traffic accident, and the transferor or transferee claims not to bear tort liability on the grounds that they did not know and should not have known that the motor vehicle was assembled or had reached the scrap standard, the people's court shall not support it.

Article 21: If a motor vehicle that has not been legally insured for compulsory insurance causes damage in a traffic accident, and the insured obligor and the person responsible for the traffic accident are not the same person, and the infringed party jointly requests the insured obligor and the person responsible for the traffic accident to bear the tort liability, the person responsible for the traffic accident shall bear all the liability that the infringer should bear; The policyholder shall jointly bear the liability with the person responsible for the traffic accident within the scope of the compulsory motor vehicle insurance liability limit, but the total compensation paid by the responsible party shall not exceed the amount of losses that the infringed party should be liable for.

If the insured obligor first pays the compensation fee and then seeks compensation from the person responsible for the traffic accident for the part exceeding the liability limit of the compulsory motor vehicle insurance, the people's court shall support it.

Article 22: If the driver of a motor vehicle, after leaving the vehicle, suffers damage due to collision or crushing caused by the vehicle's own fault such as failure to take braking measures, and requests the insurer who underwrites the compulsory insurance of the motor vehicle to compensate within the scope of the compulsory insurance liability limit, or the insurer who underwrites the commercial third-party liability insurance of the motor vehicle to compensate according to the provisions of the insurance contract, the people's court shall not support it, but may support the corresponding compensation request based on the relevant provisions of the liability insurance for personnel on board the motor vehicle.

Article 23: If dangerous animals such as vicious dogs that are prohibited from being kept cause harm to others, and the animal owner or manager claims not to assume responsibility or to reduce responsibility, the people's court shall not support it.

Article 24: If a property service enterprise or other building manager fails to take necessary safety measures to prevent throwing objects from the building or falling objects from the building from causing damage to others, and the specific infringer or property service enterprise or other building manager is a joint defendant, the people's court shall, in accordance with the provisions of Article 1198 (2) and Article 1254 of the Civil Code, clarify in the judgment that the property service enterprise or other building manager who fails to take necessary safety measures shall bear supplementary liability corresponding to their fault within the scope that cannot be fulfilled by the people's court after the specific infringer's property is lawfully enforced.

Article 25: If property service enterprises and other building managers fail to take necessary safety measures to prevent throwing objects from the building or falling objects from the building from causing damage to others, and after investigation by public security and other organs, it is still difficult to determine the specific infringer before the end of the first instance court debate in civil cases, the property service enterprises and other building managers who fail to take necessary safety measures shall bear corresponding responsibilities for their fault. The remaining damages suffered by the infringed party shall be compensated appropriately by the building user who may have caused the harm.

After the specific infringer is determined, if the property service enterprise or other building managers who have already taken responsibility, or the building users who may cause harm, seek compensation from the specific infringer, the people's court shall support it in accordance with the provisions of Article 1198 (2) and Article 1254 (1) of the Civil Code.

Article 26: This interpretation shall come into effect on September 27, 2024.

After the implementation of this interpretation, this interpretation shall apply to first and second instance cases that have not yet been concluded by the people's court. If the final judgment has been made before the implementation of this interpretation, and the parties apply for retrial or decide on retrial according to the trial supervision procedure, the laws and judicial interpretations at that time shall apply.