What kind of behavior is subject to civil liability

Where citizens or legal persons violate contracts or fail to perform other obligations, they shall bear civil liability. Citizens or legal persons who infringe upon the property of the state or the collective, or infringe upon the property or person of others, shall bear civil liability if they infringe upon the property or person of others. Where there is no fault, but the law provides that civil liability shall be borne, civil liability shall be borne.

Civil liability refers to the legal consequences that a citizen or legal person should bear in accordance with the civil law if he violates his civil obligations and infringes upon the legitimate rights and interests of others. There are several ways to bear civil liability: cessation of infringement; removal of obstacles; eliminate hazards; return of property; Hark back to; repair, rework, replacement; continued performance; compensation for damages; payment of liquidated damages; Eliminate the impact and restore the reputation; Apology.

What are the constitutive elements of civil liability?

1. Classification of the constitutive elements of civil liability.

1) Constitutive elements of general civil liability. It refers to the constitutive elements of the responsible act to which fault liability applies. It includes four elements: illegal acts, damages, causal relationships, and faults.

2) Constitutive elements of special civil liability. It refers to the constitutive elements applicable to all kinds of special torts, and most of these constituent elements are specially stipulated by law. Such as environmental pollution liability, traffic accident liability, etc.

2. Theories or doctrines on the general constitutive elements of civil liability.

1) The three elements say. It is considered that it should include fault, the fact of damage, and the causal relationship between the fact of damage and the act.

2) The four elements say. It is considered that it should include the illegality of the act, the fact of damage, the causal relationship between the fact of damage and the act, and fault.

3) Five Essentials Say. It is considered that the constitutive elements include: act, infringement of rights, damage caused intentionally or negligently, and causation, in which causation is further divided into the causal relationship of the establishment of responsibility and the causal relationship of the scope of liability.

4) The six elements say. It is believed that it includes: imputable attitudes, illegal acts, and the law of cause and effect.

5) Seven Essentials Say. The general constitutive elements of civil liability include subjective and objective elements. Among them, the subjective elements include will, capacity, and fault; The objective elements include one's own conduct, infringement of rights, occurrence of damage, causation, and illegality.

Professor Huang Li believes that it should include: the harmful act, the illegal act, intentional or negligent, the capacity to be responsible, the occurrence of the damage, the damage must be the right of others, and there is a causal relationship between the act and the damage. The vast majority of scholars and judicial practice have adopted the four-element theory.

Civil liability, the abbreviation for civil legal liability, refers to the civil legal consequences that a civil subject bears in accordance with the civil law or based on special provisions of the law due to the commission of a civil illegal act in civil activities. Civil liability is a type of legal liability and is an important measure to ensure the realization of civil rights and obligations. It is mainly a civil remedy, aiming to restore the victim's infringed rights and interests.

1. In accordance with the provisions of the law and the agreement of the parties, the civil owner shall perform civil obligations and bear civil liability.

2. Two or more persons shall bear the share of responsibility in accordance with the law, and if the size of the responsibility can be determined, they shall each bear the corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.

3. If two or more persons bear joint and several liability in accordance with the law, the right holder has the right to request that some or all of the jointly and severally liable persons bear responsibility.

The share of liability of the jointly and severally liable persons shall be determined according to the size of their respective liabilities; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally. The jointly and severally liable persons who are actually liable in excess of their own share of liability shall have the right to recover compensation from other jointly and severally liable persons.

4. The main ways to bear civil liability are:

1) cease the infringement;

2) removal of obstacles; Not rented.

3) eliminate hazards;

4) return of property;

5) restitution;

6) Repair, rework, replacement;

7) continued performance;

8) compensation for damages;

9) Pay liquidated damages;

10) Eliminate the impact and restore the reputation;

11) Apologize. Nuclear activation.

Civil liability is a kind of legal responsibility, is an important measure to ensure the realization of civil rights and civil obligations, is the civil legal consequences that civil subjects should bear due to the violation of civil obligations, it is mainly a means of civil remedy, aimed at the victim, the rights and interests of the infringed rights and interests can be restored.

1. What is the tort liability?

Tort liability refers to the civil legal consequences that a civil subject should bear as a result of committing a tortious act. Tort liability is an obligation that any person owes to others;

That is, not to infringe on the legitimate rights and interests of others because of one's own wrong (fault) behavior, otherwise it can constitute an infringement and be liable to the injured party. Infringements are basically illegal acts.

2. How to define tort liability.

1. Tort liability is the legal consequence that a civil subject should bear for violating its obligations under the law. Contractual obligations are obligations created between specific parties, and the breach of contractual obligations constitutes liability for breach of contract;

2. The basis of tort liability is infringement, and there is no question of tort liability without infringement;

3. In addition to the property liability such as compensation for losses and return of property, the actor or person responsible for tort liability may also bear the responsibility in non-property forms such as stopping the infringement, restoring the reputation, eliminating the impact, and making a formal apology.

3. How to determine the breach of pre-contractual obligations.

The consequence is to bear the corresponding civil liability. This civil liability, also known as contractual negligence liability, refers to the legal liability that the contracting party should bear for the damage caused to the contracting counterparty due to intentional or negligent breach of the contractual obligations. Contractual negligence is prone to two consequences:

First, the contract cannot be formed due to the negligence of the contracting party, and the counterparty suffers damage as a result, which mainly refers to the situation of malicious negotiation under the pretext of concluding a contract; Second, the contract is invalid or a contract that should be revoked due to the negligence of the contracting party, which causes the counterparty to suffer damage. Whatever the consequences, liability for damages arises between the contracting parties, i.e. liability for contractual negligence.

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;

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.

The assumption of civil liability includes two forms: liability for breach of contract and liability for tort, both of which are uniformly stipulated in Article 179 of the Civil Code. According to Article 179 of the Civil Code, the main ways to bear civil liability are:

1) Cease the infringement;

2) removal of obstructions;

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.

Articles 6 and 8 of these are typical contractual liabilities. Liability for repair, replacement and rework usually occurs when the goods delivered by one of the parties to the contract are defective. The civil liability for the payment of liquidated damages occurs when the parties have agreed on the liquidated damages in the contract or the law stipulates the liquidated damages, and the obligor breaches the contract.

In addition to applying the above provisions, people's courts hearing civil cases may also admonish, order them to make a statement of repentance, confiscate property and illegal gains from illegal activities, and may impose fines or detention in accordance with the provisions of law.

1. Constitutive elements of civil liability.

1. The objective existence of the fact of damage. Damage refers to the adverse impact on the rights of a civil subject due to a certain act or event. The subject of the right can only request legal remedies if it is injured;

2. The illegality of the act. It refers to the violation of the prohibition or imperative provisions of the law. Except as otherwise provided by law, the perpetrator shall only bear legal responsibility for his or her own illegal acts;

3. The causal relationship between the illegal act and the fact of damage. As an element of civil liability, causal relationship refers to the inevitable connection between the actor's act and its objects and the fact of damage;

4. The fault of the actor. The fault of the actor is the state of mind that the actor had when he committed the illegal act, and is a subjective element of civil liability.

2. What are the grounds for exemption from civil liability?

1. The victim is willful. It refers to the victim knowing that his or her actions will have consequences that harm him/her, but he or she hopes or allows such a result to occur.

2. The fault of the third party. It refers to a situation where the damage is caused solely by the fault of a third party other than the original defendant.

3. Force majeure. It refers to the loss caused by the situation that cannot be foreseen, avoided and insurmounted.

4. Justifiable defense. It refers to the damage caused by taking defensive measures against a person who is carrying out an unlawful infringement in order to protect oneself and the lawful rights and interests of others.

5. Emergency avoidance. It refers to the damage caused by the last resort to avoid danger in order to protect the person, property and other rights of the person or others from the danger that is occurring.

Legal Analysis: There are the following ways to bear civil liability: (1) stop the infringement; (2) removal of obstructions, 3) elimination of dangers, 4) return of property, 5) restitution, 6) repair, rework, replacement, 7) continued performance, 8) compensation for losses; (9) Pay liquidated damages, 10) Eliminate the impact and restore reputation, and (11) Make a formal apology.

Legal basis: Article 179 of the Civil Code of the People's Republic of China The following ways to bear civil liability are: (1) stopping the infringement; (2) removal of obstructions, 3) elimination of dangers, 4) return of property, 5) restitution, 6) repair, rework, replacement, 7) continued performance, 8) compensation for losses; (9) Pay liquidated damages, 10) Eliminate the impact and restore reputation, and (11) Make a formal apology.

The main ways to bear civil liability are:

1) cease the infringement;

This type of liability is mainly applicable to ongoing acts that infringe on the legal rights of others.

2) removal of obstacles;

This type of liability is applicable to the occasion of obstructing the exercise of rights by others, and does not require the rights of the right holder to be actually infringed.

3) eliminate hazards;

Where the perpetrator's infringement has not caused actual harm to the property or person of others, but there is a real danger of causing harm, the rights holder may request that the perpetrator take measures to eliminate the danger.

4) return of property;

When the perpetrator illegally takes possession of another person's property, the other person may demand that the perpetrator return the property. However, at this time, it is required that the property still exists, and if the property has been destroyed, the perpetrator shall bear the liability for damages in accordance with the law.

5) restitution;

This civil liability applies in cases where property has been damaged by another person, but there is still a possibility of restoration to the original condition. Generally speaking, if damage is caused to the property of others, the original state should be restored as much as possible, and only if it is difficult to restore the original state, the loss should be compensated.

6) Repair, rework, replacement;

This form of liability is generally applicable to some contractual relationships. If the subject matter delivered by one party under the sales contract does not conform to the contract, the other party may request repair, rework or replacement.

7) Compensation for damages.

This is the most widespread form of liability. It applies not only to the infringement of property rights, but also to the infringement of personal rights, such as compensation for moral damages.

8) Pay liquidated damages.

This form of liability only applies to contracts. If the contract or law stipulates that the liquidated damages to be paid for breach of contract shall be paid, if one party breaches the contract, the agreed or statutory liquidated damages shall be paid to the other party.

9) Eliminate the impact and restore the reputation.

This form of liability only applies to situations where personal rights such as the right to name, portrait, reputation, and honor are infringed.

10) Apologize.

This form of liability is also only applicable to situations where personal rights such as the right to name, the right to portrait, the right to reputation, and the right to change honor and reputation are infringed.

Article 995 of the Civil Code: Where personality rights are infringed, the victim has the right to request that the perpetrator bear civil liability in accordance with the provisions of this Law and other laws. The provisions of the statute of limitations do not apply to the victim's right to request cessation of infringement, removal of obstacles, elimination of danger, elimination of impact, restoration of reputation, and formal apology.

Legal Analysis: There are the following ways to assume the responsibility for the celebration of the number of people:

1) cease the infringement;

2. Eliminate nuisances.

3) eliminate hazards;

4) return of property;

5) restitution;

6. Repair, replace, and rework.

7) Compensation for damages.

8) Pay liquidated damages.

9) Eliminate the impact and restore the reputation.

10) Apologize.

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

Article 179:The main methods for bearing civil liability are:

1) Cease the previous infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

vii) continued performance;

8) Compensation for losses;

9) Penalty damages;

10) Eliminate the impact and restore reputation;

11) Apologize.

Where the law provides for punitive damages, follow those provisions. Note: The Civil Code came into force on January 1, 2021.