There are 9 situations under the principle of no fault liability and 9 situations under the principl

required by law. Let's see for yourself.

No-fault liability refers to the principle of imputation that the subjective fault of the parties is not a necessary element of tort in accordance with the provisions of the law, that is, whether the parties are subjectively at fault or not, they should bear civil liability. No-fault liability has the following characteristics: (1) it is premised on the existence of a causal relationship between the fact of damage and the act of the person responsible, and if there is no causal relationship, no-fault liability cannot be borne; (2) It does not take the subjective fault of the actor as the element of imputation, but if the fault is the constitutive element of imputation, it becomes the principle of fault liability; (3) The purpose of no-fault liability is to reasonably compensate the victim's losses, which is also the reason why many countries have established the principle of no-fault liability to protect the rights and interests of victims; (4) The defendant shall present evidence on the cause of exemption, and the burden of proof shall be reversed, which is different from the principle of proof of "who asserts, who shall provide evidence" in fault liability.

In the application of no-fault liability, the plaintiff only needs to cite the fact of damage and the causal relationship between the fact of damage and the defendant's act, and then the defendant can prove the existence of statutory exemptions, and the defendant cannot be exempted from liability by merely proving that he has fulfilled his duty of care or has no ordinary negligence; (5) When applying no-fault liability, there must be special provisions of the law, that is, the principle of no-fault liability can only be applied to special torts expressly provided for by law. Article 1166 of the Civil Code: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that he shall bear tort liability, follow those provisions.

1. If a person who lacks or has limited capacity for civil conduct causes damages, the guardian shall bear the liability of no fault (Article 32 of the Tort Liability Law).

2. If the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the liability of no fault (Article 34 of the Tort Liability Law).

3. If the party providing personal services causes damage to others due to the services, the party receiving the services shall bear the liability of no fault (Article 35 of the Tort Liability Law).

4. If the product is defective and causes damage to others, the producer and the seller shall not be truly jointly and severally liable, and if the seller is at fault for the no-fault liability, the ultimate responsibility shall be borne by the seller; If the seller is not at fault, the producer bears the ultimate liability (Articles 41-43 of the Tort Liability Law).

5. In the event of a road traffic accident between a motor vehicle and a pedestrian or non-motor vehicle driver, the motor vehicle shall be liable without fault (Article 48 of the Tort Liability Law; Article 76 of the Road Traffic Safety Act).

6. If damage is caused by environmental pollution, the polluter shall be liable for no fault (Articles 65-68 of the Tort Liability Law).

7. In the highly dangerous liability, the person engaged in the highly dangerous operation, the operator and the occupier of the highly dangerous goods shall bear the no-fault liability (Articles 69-77 of the Tort Liability Law).

8. If the animal is raised and causes damage to a person, the animal keeper or manager shall bear the liability of no fault (but the zoo shall bear the presumption of fault liability) (Articles 78-80 of the Tort Liability Law; Articles 82-84).

According to the above provisions, as well as the provisions of the General Principles of the Civil Law and the relevant provisions of the Tort Liability Law, the principle of no-fault liability refers to a special principle of attribution that the occurrence of damage is neither intentional by the perpetrator nor intentional by the victim or intentionally caused by a third party, but the law provides that the wrongdoer bears civil liability. It is a principle of attribution based on statutory special torts, and its purpose is to protect the legitimate rights and interests of victims and effectively compensate for the losses caused by special torts.

Together with the principle of liability for negligence and the principle of equitable liability, it constitutes the three major principles of imputation of tort civil liability in the modern judicial system.

When the principle of no-fault liability is applied, it is presumed that the actor is at fault regardless of whether he is at fault, and then he needs to bear the corresponding tort liability. When applying this principle, it must be applied within the scope prescribed by law, that is, the scope of application cannot be arbitrarily expanded or narrowed. However, it should also be noted that when the principle of no-fault liability applies, there are also circumstances of exemption, but in this case, the conditions for exemption are prescribed by law.

Legal basis

Article 1166 of the Civil Code (effective as of January 1, 2021)? Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that he shall bear tort liability, follow those provisions.

Legal Analysis: No-fault liability is also known as the principle of objective liability, the principle of dangerous liability, and the principle of strict liability. It is a special principle in the principles of imputation in civil law.

The main meaning refers to the objective existence of the fact that the actor caused harm to others, and that there is a causal relationship between the dangerous nature of the actor's activities and the persons or things under his management and the consequences of the damage caused, and that his responsibility is particularly increased, so that the actor bears legal responsibility for the consequences of the damage.

Legal basis: "Leakage of the Civil Code of the People's Republic of China" Article 1166: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that he shall bear liability for the infringement, follow those provisions.

Legal analysis: The principle of no-fault liability is also called the principle of no-fault liability, and the academic no-fault liability is also called "objective liability" or "dangerous liability", and the common law calls it "strict liability". It refers to the principle that if there is no fault for causing damage to others, the person who is related to the cause of the damage should bear civil liability in accordance with the law.

Legal basis: Article 1166 of the Civil Code of the People's Republic of ChinaWhere a person who acts as a fool causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that tort liability shall be borne for the omission, follow those provisions.

Legal analysis: 1. Damage caused by defective products;2. Damage caused by highly dangerous operations;3. Environmental pollution causes damage to people;4. Animals that are raised cause damage to people;5. Damage caused by traffic accidents;6. Damage caused by highly dangerous operations;

7. Damage caused by the collapse of a building.

The basis of the law of hail in the cave: the Civil Code of the People's Republic of China

Article 1245:Where an animal raised by a macro tremor causes harm to others, the animal keeper or manager shall bear tort liability;However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated.

Article 1202: If a defective product causes damage to others, the manufacturer shall bear tort liability.

Article 1229:Where harm to others is caused by polluting the environment or destroying the ecology, the infringer shall bear tort liability.

The principle of no-fault liability applies as follows:

1. If a person who lacks or has limited capacity for civil conduct causes damages, the guardian shall bear the liability of no fault (Article 32 of the Tort Liability Law).

2. If the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the liability of no fault (Article 34 of the Tort Liability Law).

3. If the party providing personal services causes damage to others due to the services, the party receiving the services shall bear the liability of no fault (Article 35 of the Tort Liability Law).

4. If the product is defective and causes damage to others, the producer and the seller shall not be truly jointly and severally liable, and if the seller is at fault for the no-fault liability, the ultimate responsibility shall be borne by the seller; If the seller is not at fault, the producer bears the ultimate liability (Articles 41-43 of the Tort Liability Law).

5. In the event of a road traffic accident between a motor vehicle and a pedestrian or non-motor vehicle driver, Dayingao Motor Vehicle shall be liable for no fault (Article 48 of the Tort Liability Law).Article 76 of the Road Traffic Safety Act).

6. If damage is caused by environmental pollution, the polluter shall be liable for no fault (Articles 65-68 of the Tort Liability Law).

7. In the highly dangerous liability, the person engaged in the highly dangerous operation, the operator and the occupier of the highly dangerous goods shall bear the no-fault liability (Articles 69-77 of the Tort Liability Law).

8. If the animal is raised and causes damage to a person, the animal keeper or manager shall bear the liability of no fault (but the zoo shall bear the presumption of fault liability) (Articles 78-80 of the Tort Liability Law; Articles 82-84).

The principle of presumption of fault refers to the principle of imputation of liability for the fact of damage, the illegal act and the causal relationship that the victim can prove the three elements of the fact of damage, the illegal act and the causal relationship in a lawsuit where the victim can prove that he is not at fault for the occurrence of the damage, then the actor is inferred from the fact of the damage itself and bears the liability for compensation.

Legal analysis: 1. Product defects cause damage;

2. Highly dangerous operations cause damage to people;

3. Environmental pollution causes damage to people;

4. Animals that are raised cause damage to people;

5. In a traffic accident, when a motor vehicle shouts for rent and a flying motor vehicle has an accident, the motor vehicle is not at fault;

6. Damage caused by highly dangerous operations;

7. Damage caused by the collapse of a building.

8. Unit employment;

9. Employment of personal family members;

10. Where minors cause harm to others, guardians.

Legal basis: "Civil Code of the People's Republic of China" Article 1166: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that he shall bear tort liability, follow those provisions.

The circumstances of the no-fault liability principle are as follows:

1. Where a person with no or limited capacity for civil conduct causes harm to a person, the guardian bears the liability of no fault;

2. If the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the responsibility of no fault;

3. If the party providing personal labor services causes damage to others due to labor services, the party receiving the labor services shall bear the responsibility of no fault;

4. If the polluter causes damage to people due to environmental pollution, the polluter shall bear the responsibility of no fault.

Civil Code of the People's Republic of China

Article 1165.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. Article 1166.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions. One hundred and sixty-seven for the thousandth liter.

Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.