The Implementation Of The Tort Liability Law For The First Time Is Clear About Mental Damage Compensation.
Concerned
Tort Liability Act
After deliberation and adoption at the twelfth session of the Standing Committee of the eleven National People's Congress, it was formally implemented in July 1, 2010.
The core of this law is to protect private rights and to play a supporting role in the socialist legal system.
Law
It has spanned the two NPC and has gone through four deliberations.
The tort liability law has made clear for the first time the compensation for mental damage. The highlights include: damages caused by legal acts, compensation for damages caused by legal acts, insurance companies to claim damages, injuries to anyone in traffic accidents, treatment for any person, special compensation for civil aviation, implicating innocent people at high altitude, no distinction between medical accidents and medical mistakes, network infringement should be held responsible, organizers of mass activities should fulfill their obligations of safety and security, defective products should be recalled, and special cases of determining death compensation should be determined in the same amount.
Death compensation
。
Comment:
The implementation of the tort liability law marks a further step towards the goal of the final and complete civil code.
In modern society, risks are everywhere and accidents are frequent.
In this context, how to remedy the personal and property damages? This is exactly what the tort liability law needs to solve.
The pluralistic relief mechanism, the time characteristic of the type of tort, especially the choice of many kinds of tort liability, that is, the victim's most favorable way to protect their rights based on their best interests is based on the maximization of their interests, which makes the tort liability law a "hundred treasure bursa".
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