How to understand Article 125 of the General Principles of the Civil Law 15

Article 125 of the General Principles of the Civil Law understands that if the construction unit digs a pit to repair and install underground facilities in a public place, roadside or passage, and the third party suffers personal or property damage due to the construction unit's failure to set up obvious signs and take safety measures in the surrounding area, the construction unit shall bear the liability for tort compensation.

Article 125: Where pits are dug in public places, roadsides, or passageways, or underground facilities are repaired or installed, and no obvious signs are set up or safety measures are taken, causing harm to others, the builder shall bear civil liability.

Article 120: [Liability for Infringement of Name, Portrait, Reputation, and Honor Rights]Where citizens' rights to name, likeness, reputation, or honor are infringed upon, they have the right to demand that the infringement be stopped, that their reputation be restored, that the impact be eliminated, that they make a formal apology, and that they may demand compensation for losses.

Where legal persons' rights to name, reputation, or honor are infringed upon, the provisions of the preceding paragraph apply.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China

149 Whoever embezzles or impersonates the name of another person, deceives or fools another person by means of letters, telegrams, etc., and causes damage to his property or reputation, shall bear civil liability.

150 Where a citizen's right to name, portrait, reputation, or honor or a legal person's right to name, reputation, or honor is infringed, and the citizen or legal person demands compensation for losses, the people's court may determine the infringer's liability for compensation based on the degree of the infringer's fault and the specific circumstances, consequences, and impact of the infringement.

151 Where a person gains from infringing on the right to a person's name, title, portrait, reputation, or honor, the infringer shall have his illegal gains confiscated in addition to compensating the victim for his losses in accordance with law.

Article 125: Digging pits, repairing and installing underground in public places, roadsides, or passageways.

Where facilities and the like do not set up obvious signs and take safety measures to cause damage to others, the builder shall.

Bear civil liability.

According to this article, if the builder does not set up obvious signs and take safety measures during construction and causes damage to others, he shall bear tort liability, but if necessary measures have been taken, such as setting up isolation belts, warning signs, etc., he does not need to bear tort liability. That is, whether the contractor bears tort liability depends on whether it has fulfilled sufficient prevention and warning obligations.

It should be noted that the newly promulgated Tort Liability Law of the People's Republic of China will come into force on July 1, 2010, and Article 91 of the new law will become the new legal basis for this situation.

Summary. I am a partner lawyer of the platform and have received your questions. Please wait a moment while I take a look at your question.

How many articles are the original Article 121 of the General Principles of the Civil Law, now codified in the Civil Code?

I am a partner lawyer of the platform and have received your questions. Please wait a moment while I take a look at your question.

Wait a minute, I'll fetch the law for you.

Article 121 of the General Principles of the Civil Law: Article 121 [Infringement of Duties] A state organ or a staff member of a state organ who violates the lawful rights and interests of citizens or legal persons and causes harm to him or her in the performance of his duties shall bear civil liability.

Article 62 of the Civil Code of the People's Republic of China: Where the legal representative causes damage to others or banquets as a result of performing his or her duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may recover compensation from the legal representative who is at fault in accordance with the provisions of the law or the legal person's charter.

Article 61 of the Civil Law of the People's Republic of China: In accordance with the provisions of the law or the articles of association of legal persons, the responsible person engaged in civil activities on behalf of a legal person is the legal representative of the legal person. The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person. The legal person's charter or the legal base authority shall not confront the bona fide counterpart.

Article 121 of the General Principles of the Original Civil Law is an article on infringement of duty, which stipulates that if a state organ or a staff member of a state organ infringes upon the legitimate rights and interests of a citizen or legal person in the performance of his duties and causes damage, he shall bear civil liability. Articles 61 and 62 of the Civil Code limit the subject of duty infringement to the legal representative, and make more detailed provisions.

Hello, is there anything else you need my help with? If you have any questions, I'll be happy to help you with any questions.

If you are satisfied, you can like it, or click on my avatar to follow me, so that you can send me a consultation at any time if you have any questions in the dust hall. Thank you for your consultation and have a great day!

The interpretation of Article 21 of the Civil Code is: a natural person who cannot recognize his or her own behavior is a person who lacks capacity for civil conduct, and his or her statutory **person ** shall carry out civil juristic acts. Children under the age of eight are also incapacitated for civil service.

Article 1057 of the Civil Code of the People's Republic of China Both husband and wife have the freedom to participate in production, work, study and social activities, and one party must not restrict or interfere with the other. Article 1055 of the Civil Code of the People's Republic of China: Husbands and wives are equal in marriage and family. Article 1059 of the Civil Code of the People's Republic of China provides that husbands and wives have the obligation to support each other.

The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.

Summary. Dear, I'm honored to answer for you! Article 115 of the Civil Procedure Law of the People's Republic of China imposes a fine on an individual of up to RMB 100,000.

The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000. The period of detention is not more than 15 days. Detained persons are to be handed over by the people's courts to the custody of the public security organs.

During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to release him from detention in advance.

Dear, I'm honored to answer for you! Article 115 of the Civil Procedure Law of the People's Republic of China imposes a fine on an individual of less than RMB 100,000. The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000.

The period of detention is not more than 15 days. Detained persons are to be handed over by the people's courts to the custody of the public security organs. During the detention period, if the detainee admits and corrects his mistakes, the people's court may decide to release the detainee from detention in advance.

Article 116 of the Civil Procedure Law of the People's Republic of China: Custodial summonses, fines, and detention must be approved by the court president. A custodial summons shall be issued. A written decision shall be used for fines and detention.

Those who are not satisfied with the decision of the Hu Rotten Banquet may apply to the people's court at the level above for a reconsideration. Enforcement is not suspended during the reconsideration period. Article 117:The people's court must decide on the adoption of compulsory measures against obstruction of civil litigation.

Any unit or individual who illegally detains another person or illegally seizes another person's property to recover debts shall be investigated for criminal responsibility in accordance with law, or detained or fined.

Legal analysis: If the actor does not have the right, exceeds the right, or still carries out the act after the right is terminated, and the counterpart has reason to believe that the actor has the right, the act is valid. In many civil lawsuits, there will be the presence of ** people.

The person may be a lawyer, a relative of the client, or a person. China has certain requirements for the qualifications of ** people, and if the parties do not have the right to **, the ** acts carried out are invalid.

The law is based on the evidence: "Civil Code of the People's Republic of China" Article 1 or Chi Dou 172 Article 172 The actor does not have the right to **, exceeds the right to **, or after the right is terminated, he still carries out the ** act, and the counterpart has reason to believe that the actor has the right to **, the ** act is valid.

Legal analysis: In accordance with the relevant regulations, the exit is restricted. Those who have been sentenced to a sentence that has not yet been served or who are defendants or criminal suspects in a criminal case, except for those sentenced to transfer pipes and stoves are not allowed to leave the country in accordance with the relevant agreements signed between China and foreign countries.

Chinese people who are sentenced to probation still have to follow the relevant regulations and must not violate them during the probation period, otherwise they may be re-imprisoned.

Legal basis: Article 72 of the Criminal Law of the People's Republic of China: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.