Article 6 of the Judicial Interpretation on Compensation for Personal Injuries is absorbed by the To

Article 37 of the Tort Law: "Article 37 Where the managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or the organizers of mass activities, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.

Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities. ”

Article 6 of Compensation for Personal Injuries "Article 6: Where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, or entertainment, or other social activities, fail to fulfill their obligations to ensure safety within reasonable limits, causing others to suffer personal injury, and the person entitled to compensation requests that they bear the corresponding liability for compensation, the people's court shall support it.

Where the damage occurs as a result of the infringement by a third party, the third party who committed the infringement shall bear the liability for compensation. Where the security obligor is at fault, it shall bear the corresponding supplementary liability for compensation to the extent that it can prevent or stop the harm. After the security obligor bears responsibility, it may seek compensation from a third party.

Where the person entitled to compensation sues the security obligor, the third party shall be a co-defendant, unless the third party cannot be determined. ”

If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation to the brother. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability for disturbing hunger. Li Hui.

Article 11 of the Judicial Interpretation of the Supreme People's Court on Compensation for Personal Injuries stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. Therefore, in the principle of attribution of liability for compensation for employee injuries, the Interpretation on Compensation for Personal Injuries applies to no-fault liability.

Article 35 of the Tort Liability Law stipulates that 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. Therefore, in the principle of attribution of compensation for employee injuries, the Tort Liability Law applies to fault liability.

Whether the latter is superior to the earlier law or the superior law is superior to the lower, the law of tort liability should be applied. Article 35 of the Tort Liability Law stipulates that if a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear the tort liability. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities.

If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

Judicial Interpretation on Compensation for Personal Injury

Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation. The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

Tort Liability Law

Article 35 Where a labor service relationship is formed between individuals, and the party providing the labor services causes damage to others as a result of the labor services, the party receiving the labor services shall bear tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties.

Article 35 of the Tort Liability Law has replaced Article 11 of the Judicial Interpretation on Compensation for Personal Injuries, and in future trial practice, if such problems are encountered, they should be handled in accordance with Article 35 of the Tort Liability Law.