The Civil Code is the first law named after a code in the People's Republic of China, creating a precedent for the compilation and legislation of the civil code, and a milestone in the construction of the rule of law in China. The Civil Code, also known as the "encyclopedia of social life", is closely related to everyone and involves all aspects of our lives, especially the content related to safety production and emergency management. In this small class of law popularization, we will learn the series of security chapters of the Civil Code together.
Article 1254 of the Civil Code has been revised and improved on the basis of Article 87 of the original Tort Liability Law. The principle of prohibition has been added, stating that "it is forbidden to throw objects from buildings"; clarifying the responsibilities and obligations of property management companies and other building managers for safety and security, and if the property management company fails to fulfill its safety and security obligations due to casualties or property losses caused by thrown or falling objects, it shall jointly bear the liability for tort compensation with the infringer; new provisions on the investigation obligations of the relevant organs have been added to urge the public security organs and other departments to find out the actual infringers; The responsibilities of relevant investigation agencies highlight the accountability of specific infringers, and the subject of infringement liability is clearer, so as to better protect the rights of citizens and uphold the principle of fairness.
With regard to the safety liability of venue operators, Article 1198 of the Civil Code has been revised and improved on the basis of Article 37 of the original Tort Liability Law. The provision that "after the operator, manager or organizer bears supplementary liability, it may recover from a third party" has been added, clarifying the right of recourse of the operator, manager or organizer, filling the gap in the Work Safety Law on compensation for tort liability damages, and improving the suggestions on the handling of the person responsible for the accident in the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents.
On the issue of injury caused by work, Article 1191 of the Civil Code has been supplemented and improved on the basis of Article 34 of the original Tort Liability Law. The provision that "after the employer bears tort liability, it may recover compensation from the employee who has intentionally or grossly negligent" has been added, clarifying the right of the employer to recover compensation from the employee who has intentionally or grossly negligently; On the one hand, the revision and improvement of this clause strengthens the protection of the infringed party so that the infringed party can obtain timely and full compensation, and on the other hand, it increases the vicarious liability of the employer, prompting it to strengthen supervision and management to avoid the recurrence of infringement.
Emergency management
In light of the epidemic prevention and control work, the Civil Code further improves the guardianship system in emergency situations, stipulates the responsibilities of property service enterprises to carry out emergency response under special circumstances such as the epidemic, and adds special procedures for the use of public maintenance funds in emergencies.
The new provisions of the Civil Code have frequent bright spots, directly hitting the "pain points" and effectively protecting the safety of people's lives and property. Let's get ready now and "exemplify" a beautiful new life together.
On May 28, 2020, the Third Session of the 13th National People's Congress deliberated and adopted the Civil Code of the People's Republic of China, which is the first law named after the "Code" since the founding of the People's Republic of China, and is a major achievement in the construction of socialist rule of law in the mainland in the new era. Among them, the provisions related to production safety and emergency management are mainly as follows:
Part I: General Provisions
Chapter III: Civil Rights
Article 117:Where immovable or movable property is expropriated or requisitioned in accordance with the scope of authority and procedures prescribed by law for the public interest, fair and reasonable compensation shall be given.
Part II: Property rights
Ownership of the second subpart
Chapter IV General Provisions
Article 245: For emergency rescue and disaster relief, epidemic prevention and control, and other urgent needs, organizations or individuals may be requisitioned in accordance with the scope of authority and procedures prescribed by law. After the expropriated immovable or movable property is used, it shall be returned to the expropriated person. Where the immovable or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.
Part II: Property rights
The third subpart is usufructuary rights
Chapter X: General Provisions
Article 327:Where the usufruct right is extinguished or the exercise of the usufruct right is affected by the expropriation or expropriation of immovable or movable property, the usufructuary right holder has the right to receive corresponding compensation in accordance with the provisions of Articles 243 and 245 of this Law.
Part III Contracts
General Principles of Part I
Chapter II: Conclusion of Contracts
Article 494: Where the state issues state order tasks or directive tasks based on emergency rescue and disaster relief, epidemic prevention and control, or other needs, the relevant civil entities shall conclude contracts with each other in accordance with the rights and obligations provided for in relevant laws and administrative regulations.
A party that has the obligation to make an offer in accordance with the provisions of laws and administrative regulations shall make a reasonable offer in a timely manner.
A party that has an obligation to make a commitment in accordance with the provisions of laws and administrative regulations shall not refuse the other party's reasonable request to conclude a contract.
Part III Contracts
Subpart II Typical Contracts
Chapter 11 Gift Contracts
Article 658:The donor may revoke the gift before the transfer of the right to the donated property.
The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
Article 660:Where the donor does not deliver the donated property in a notarized gift contract or a gift contract that must not be revoked in accordance with law and has the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, the donee may request delivery.
Where the donated property that should be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.
Part IV: Personality rights
Chapter II: The Right to Life, the Right to Body and the Right to Health
Article 1005: Where natural persons' rights to life, body, or health are violated or are in other situations of distress, organizations or individuals with legally-prescribed obligations to provide assistance shall promptly provide assistance.
Part VII: Tort Liability
Chapter II: Compensation for Damages
Article 1180:Where multiple deaths are caused by the same violation, the death compensation may be determined in the same amount.
Part VII: Tort Liability
Chapter III: Special Provisions on Responsible Entities
Article 1191: Where the staff of an employer causes harm to others as a result of performing their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability, and if the labor dispatch unit is at fault, it shall bear the corresponding liability.
Article 1192:Where a labor relationship is formed between individuals, and the party providing the service causes harm to others as a result of the service, the party receiving the service bears tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.
During the period of providing labor services, if the third party's behavior causes damage to the party providing the services, the party providing the labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving the services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.
Article 1193: Where the contractor causes damage to a third party or to himself in the course of completing the work, the contractor shall not bear tort liability. However, if the person making the order is at fault for the ordering, instruction or selection, he shall bear the corresponding responsibility.
Article 1198: Where the operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, or other business venues or public places, or the organizers of mass events, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.
Where a third party's conduct causes damage to others, the third party shall bear tort liability, and if the operator, manager or organizer fails to fulfill its security obligations, it shall bear corresponding supplementary liability. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
Part VII: Tort Liability
Chapter VIII Liability for High Hazards
Article 1236: Anyone who engages in highly dangerous operations and causes damage to others shall bear tort liability.
Article 1237 In the event of a nuclear accident at a civil nuclear facility or nuclear material transported into or out of a nuclear facility, the operator of the civil nuclear facility shall bear tort liability;
Article 1238 Where a civil aircraft causes damage to others, the operator of the civil aircraft shall bear tort liability;
Article 1239: Where the possession or use of highly dangerous substances such as flammable, explosive, highly toxic, highly radioactive, highly corrosive, or highly pathogenic causes damage to others, the person in possession or user shall bear tort liability; Where the infringed party is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced.
Article 1240: Where a person engages in high-altitude, high-pressure, or underground excavation activities or uses high-speed rail transport vehicles to cause damage to others, the operator shall bear tort liability;
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