Which torts are subject to not only civil liability, but also administrative liability and criminal

Where there are any of the following infringements, civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Law;

2) Publishing books for which others have exclusive publishing rights;

3) Without the permission of performers, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided in this Law;

4) Except as otherwise provided in this Law, reproduction, distribution, or dissemination to the public of audio or video recordings produced by them through information networks without the permission of the producers of audio or video recordings;

6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or destroying the technical measures taken by the rights holder to protect copyright or copyright-related rights for its works, audio or video recordings, etc., except as otherwise provided by laws and administrative regulations;

7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or copyright-related rights holders, except as otherwise provided by laws and administrative regulations;

8) Production, ** counterfeiting of other people's signature works.

A lot, such as murder and arson, etc.

Which torts are not only civil, administrative, and criminal? Where tortious acts not only bear civil liability, administrative liability, and criminal liability, those with the following tortious acts shall, according to the circumstances, bear civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management department may also confiscate materials, tools, equipment, and so forth that are mainly used to make infringing copies; where a crime is constituted, criminal responsibility shall be pursued in accordance with law: (1) Without the permission of the copyright owner, the work is reproduced, distributed, performed, screened, broadcasted, compiled, or disseminated to the public through information networks, except as otherwise provided by this Law; 2) Publishing books for which others have exclusive publishing rights; 3) Without the permission of performers, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided in this Law; 4) Except as otherwise provided in this Law, reproduction, distribution, or dissemination to the public of audio or video recordings produced by them through information networks without the permission of the producers of audio or video recordings; (5) Broadcasting or reproduction of radio or television without permission, except as otherwise provided in this Law; 6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or destroying the technical measures taken by the rights holder to protect copyright or copyright-related rights for its works, audio or video recordings, etc., except as otherwise provided by laws and administrative regulations; 7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or copyright-related rights holders, except as otherwise provided by laws and administrative regulations; 8) Production, ** counterfeiting of other people's signature works.

Do you understand this explanation?

2.The infringement causes damage to the victim. After the infringement occurs, the infringement must affect the infringed interests, and the loss will be caused before it can constitute a creditor's right.

3.There is a necessary link between the infringement and the damage caused. That is to say, the infringer's infringement is the cause of the loss of the infringed party's interests.

4.The creditor is at fault for the tortious act. There are two kinds of tortious faults, one is intentional and the other is caused by negligence.

Article 1182 of the Civil Code provides that if the personal rights and interests of others are infringed and property losses are caused, compensation shall be made according to the losses suffered by the infringed party or the benefits obtained by the infringer; If the losses suffered by the infringed party and the benefits obtained by the infringer are difficult to determine, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation according to the actual situation.

Answer]: b, c, d

The test point involved in this question is tort liability. The Tort Liability Law stipulates that the main ways to bear tort liability are: cessation of infringement; removal of obstacles; Eliminate the danger of searching and suppressing; return of property; Hark back to; compensation for damages; apologize for the blindness; The elimination of the liquid rough removes the influence and restores the reputation.

The above methods of bearing tort liability may be applied separately or in combination.

Where civil entities shall bear civil liability, administrative liability, and criminal liability for the same conduct, criminal liability is implemented first, and civil liability takes precedence over civil liability.

Where a civil entity shall bear civil, administrative, or criminal liability for the same conduct, the bearing of administrative or criminal liability does not affect the bearing of civil liability; Where the civil entity's assets are insufficient to pay, priority is given to bearing the civil liability of the fool.

Where tort liability, administrative liability, or criminal liability shall be borne for the same act, and the infringer's property is insufficient to pay, the tort liability shall be borne first.

The conditions for the application of the principle of priority of civil liability are as follows:

1. The civil liability borne by the responsible entity must be legal and valid, and the basis for its occurrence is either based on the provisions of the law or based on the agreement.

2. The property of the responsible entity is insufficient to satisfy the civil liability, administrative liability and criminal liability at the same time;

3. If they can all be satisfied, the three responsibilities can be applied in parallel.

Constitutive elements of a civil subject:

1. Nominal independence. Natural and legal persons may engage in legal relations with a third party in their own name for civil acts. For the organization body, it means that the name of the organization can be used to act with a third party for civil legal acts, rather than in the name of the legal representative or other members of the organization;

2. Independence of will. That is, to act according to one's own wishes and through one's own choice. A natural person may, through his or her own free will, act in civil jurisprudence without unlawful interference by others.

In the case of a legal person, it should be its common will, not the simple sum of the individual wills of its members.

Article 179 of the Civil Code of the People's Republic of China The main ways to bear civil liability are:

1) Cease the infringement;

2) removal of obstructions; With Mori suspicion.

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

vii) continued performance;

8) Compensation for losses;

9) Payment of liquidated damages;

10) Eliminate the impact and restore reputation;

11) Apologize.

Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.